(a) Emergency Action Powers.
(1) The Superintendent may, upon informal notice to an industrial user, order the user to immediately halt or prevent a discharge to the POTW which, in the opinion of the Superintendent, reasonably appears to present an imminent endangerment to the health or welfare of persons. For the purpose of this paragraph, informal notice to an industrial user may be issued by a telephone call, an on-site inspection/visit, a cease and desist order, or any combination of these methods.
(2) In the event that an industrial user should fail to voluntarily comply with an emergency order to immediately halt or prevent a discharge to the POTW, the Superintendent shall take whatever action deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or the endangerment of any individuals. The costs associated with any such emergency action shall be assessed to the industrial user, and the City shall not be responsible for any damages, including loss of income, as a result of such emergency action.
(3) The Sanitary Board shall authorize permission to resume a discharge that has been halted under the emergency action provisions of Section 937.07(a)(1) upon satisfactory proof that the imminent danger has been eliminated. Within 25 days after the date of any such emergency action, the industrial user shall submit to the Sanitary Board a detailed written statement describing the cause or causes of the harmful contribution that necessitated the emergency action and the measures that will be taken to prevent any future occurrence of the incident.
(b) Revocation of Permit.
(1) The conditions and requirements of this article are applicable to all users permitted or not. These conditions shall be incorporated into the user's permit either expressly or by reference. All users, whether permitted or not, have a duty to comply with all of the conditions of this article. Any noncompliance constitutes a violation of this article and is subject to appropriate enforcement action including, but not limited to, suspension of wastewater treatment service, permit revocation or denial of a permit renewal application.
(2) The Sanitary Board may suspend wastewater treatment service of nonpermitted users or revoke an industrial user's permit and suspend wastewater treatment service, or deny a permit renewal application, for any of the following causes:
A. Determination by the Sanitary Board that the discharge presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW.
B. Failure of the user to disclose fully all relevant facts during the permit application or issuance process, or the user's misrepresentation of any relevant facts at any time.
C. Falsifying monitoring or compliance reports or tampering with or knowingly rendering inaccurate any monitoring device or method required to be maintained under the user's permit.
D. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
E. Willful and knowing failure to comply with any conditions of the user's permit or this article.
(3) In the event of a nonemergency situation, where the Sanitary Board has determined that a user's discharge presents, or may present, a threat to the environment or the operation of the POTW, or where revocation of a user's Industrial Waste Permit is warranted as an enforcement action, the Sanitary Board shall, after formal written notification to the affected user and provision of ample opportunity for the user to respond, require the user to halt or prevent the discharge.
(c) Notification of Violation.
(1) Except in cases of emergency situations subject to the provisions of Section 937.07(a)(1) hereof, whenever the Sanitary Board determines that an industrial user has violated or is violating any prohibitions, limitations, or requirements of the user's permit or this article, the Sanitary Board may issue by certified mail a formal written notification stating the nature of the violation. The user shall be afforded a minimum period of thirty (30) days after the receipt of the notification of violation within which to correct the deficiency or violation, or to submit to the Sanitary Board a proposed corrective action plan and schedule for correcting the violation. However, all violations result in immediate liability, and the Sanitary Board may seek such penalties and/or take other enforcement action as it deems necessary during this response period.
(2) In the case of procedural violations, an industrial user may correct the violation by fulfilling the duties or requirements that are deficient. The Sanitary Board shall review the corrective action taken by the user to determine whether or not the violation has been adequately corrected. Failure to correct a violation within a reasonable time period may result in further enforcement action.
(3) In the case of discharge violations, the industrial user may correct the violation by process modifications or implementing appropriate pretreatment technology. The Sanitary Board shall review the proposed corrective action plan and schedule submitted by the user to determine whether or not the plan is adequate to correct the violation and consistent with the objectives of any applicable Federal Pretreatment Standards and the General Pretreatment Regulations. The Sanitary Board may require modifications to the plan and schedule, including the submission of interim progress reports, to verify correction of the violation within an appropriate compliance schedule. The Sanitary Board may modify the user's permit to incorporate a reasonable schedule of compliance to implement an acceptable corrective action plan. In no case will any such compliance schedule exempt a user from further enforcement action by the Sanitary Board for the discharge violations or from enforcement action for failure to meet a compliance date in any applicable Federal Pretreatment Standards. (Ord. 02-16. Passed 5-16-02.)
(4) If the City performed the sampling and analysis in lieu of the Industrial User, the City will perform the repeat sampling and analysis unless it notifies the User of the violation and requires the User to perform the repeat sampling and analysis. (See 40 CFR 403.12(g)(2).1)
(Ord. 11-12. Passed 5-19-11.)
(d) Notification of Enforcement Action.
(1) Except in the case of emergency situations subject to the provisions of Section 937.07(a)(1) hereof, whenever the Sanitary Board deems it necessary to take enforcement action, including revocation of the user's permit, under the provisions of this article, the Sanitary Board may issue the affected user a formal written notification of the proposed enforcement action by certified mail. Such notice shall state the basis for the proposed action and the reasons for the Sanitary Board's tentative action.
(2) The industrial user shall be afforded a minimum period of 30 days within which to comment on the proposed action and to submit to the Sanitary Board a written request for a meeting with the Sanitary Board to appeal the proposed action. All requests for an appeal meeting shall clearly state the specific action or provision(s) of the proposed action that is being appealed and the grounds upon which the appeal is based. Any supporting evidence that is relevant to the appeal must also be submitted with the request for appeal. The Sanitary Board may deny the appeal request on the basis of insufficient grounds or may schedule a meeting for the user to present the appeal to the Sanitary Board. As soon as practicable after the conclusion of the review period or the appeal meeting, the Sanitary Board shall issue, to the user, a formal written notification of the intended enforcement action and their conclusions. It must also be noted that all violations result in immediate liability, and the Sanitary Board may seek such penalties and/or take other enforcement action as it deems necessary during the 30-day response period.
(e) Consent Orders. The Sanitary Board is hereby empowered to enter into Consent Orders, assurance of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified in the order. In no case will any such order exempt a user from further enforcement action for failure to meet a compliance date in any applicable Federal Pretreatment Standards.
(f) Upset Provisions. Under the conditions specified in Section 403.16 of the Federal General Pretreatment Regulations for Existing and New Sources of Pollution (40 CFR, Part 403), an upset shall constitute an affirmative defense to an enforcement action for noncompliance with either Federal Categorical Standards or local standards adopted pursuant to this article. Any industrial user seeking to establish the occurrence of an upset shall have the burden of proof to demonstrate that the conditions necessary for an upset according to the General Pretreatment Regulations have been met.
(g) Show Cause Hearing.
(1) In certain cases, such as those involving revocation of a user's permit, the Sanitary Board may order a user to show cause before the Sanitary Board why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Sanitary Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Sanitary Board why the proposed enforcement action should not be taken. The notice of the bearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.
(2) The Sanitary Board may itself conduct the hearing and take evidence or may designate any of its members, or in conjunction with the affected user, the Sanitary Board may designate an arbitrator or board of arbitration to:
A. Issue in the name of the Sanitary Board notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
B. Take the evidence;
C. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Sanitary Board for action thereon.
(3) At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(4) After the Sanitary Board has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices, or other related appurtenances shall have been installed on existing treatment facilities, devices, or other related appurtenances and are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(h) Injunctive Relief. When the Sanitary Board finds that a user has violated or continues to violate any provision of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Sanitary Board may petition the Circuit Court of Harrison County, West Virginia, for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of this wastewater discharge permit, order, or other requirement imposed by this article on activities of the user.
(i) Compliance Orders. When the Sanitary Board finds that an industrial user has violated or continues to violate this article, or a permit, or order issued thereunder, the Sanitary Board may issue a compliance order to the industrial user responsible for the discharge directing that following a specified time period, sewer service facilities, devices, or other related appurtenances shall have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
(j) Cease and Desist Orders. When the Sanitary Board finds an industrial user has violated or continues to violate this article or any permit or order issued hereunder, the Sanitary Board may issue an order to cease and desist all such violations and direct the industrial user in noncompliance to:
(1) Comply forthwith.
(2) Take such appropriate remedial or preventative actions needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(Ord. 02-16. Passed 5-16-02.)