(A) Phone call. Whenever the Superintendent finds that any user has violated or is violating any provision of this subchapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the Superintendent or his or her agent may inform the noncompliant industry via telephone. The Superintendent will attempt to speak to the authorized industrial user contact and explain the violation. The information received from the industrial user contact concerning the violation will be documented along with the time and date of the call in the violation summary file. Nothing in this section shall limit the authority of the city to take action, including emergency actions or any other enforcement action, without this notice.
(B) Notice of Violation. Whenever the Superintendent finds that any user has violated or is violating any provision of this subchapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the Superintendent or his or her agent may serve upon the user a written Notice of Violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
(C) Warning meetings. Whenever the Superintendent finds that any user has violated or is violating any provision of this subchapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the Superintendent or his or her agent may hold a warning meeting with the industrial user's authorized representative to discuss such violation. Records of actions taken, attending personnel, and other notes from the warning meeting will be put in the Violation Summary file. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first holding this meeting.
(D) Consent orders. The Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar orders establishing an agreement with any user responsible for noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to divisions (F) and (G) of this section and shall be judicially enforceable.
(E) Show cause hearing. The Superintendent may order any user which causes or contributes to violation(s) of any provisions of this subchapter, wastewater discharge permits, or orders issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent and show cause why an enforcement action should not be pursued by the city. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why an enforcement action should not be pursued. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 30 days prior to the hearing. Such notice may be served on any authorized representative of the user. Whether the user appears as ordered, immediate enforcement action may be pursued by the Superintendent following the hearing. A show cause hearing shall not be a prerequisite for taking any other action against the user.
(F) Compliance orders. When the Superintendent finds that a user has violated or continues to violate any provision of this subchapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment standard or requirement, the Superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a reasonable amount of time designated in the order. If the user does not come into compliance within the time allowed in the order, additional enforcement action may result or sewer service may be discontinued. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.
(G) Cease and desist orders.
(1) When the Superintendent finds that a user is violating any provision of this subchapter, the user's wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Superintendent may issue an order to the user directing it to cease and desist all such violations by revoking the user's wastewater discharge permit and directing the user to:
(a) Immediately comply with all requirements;
(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge;
(c) Stop illegal or authorized discharges immediately; and/or
(d) Terminate all discharge from user's facility.
(2) Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user.
(H) Administrative fines.
(1) Notwithstanding any other provision of this subchapter, any user that is found to have violated any provision of this subchapter, its wastewater discharge permit, or orders issued hereunder, or any other pretreatment standard or requirement shall be fined in an amount not to exceed $1,000. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) The Superintendent shall have such collection remedies as may be available for other service charges and fees.
(3) Unpaid charges, fines, and penalties shall, after being due and unpaid for 30 days, be assessed an additional penalty of 15% of the unpaid balance and interest shall accrue thereafter at a rate of 1.5% per month. A lien against the individual user's property will be sought for unpaid charges, fines, and penalties.
(4) Users desiring to dispute such fines must file a written request for the Superintendent to reconsider the fine, and submit such with request of full payment of the fine amount, within 15 days of being notified of the fine. Where a request has merit, the Superintendent shall convene a hearing on the matter within 120 days of receiving the request from the industrial user. In the event the user's appeal is granted by the Superintendent, all or part of the payment, together with all or part of any interest that has accrued and been paid, shall be returned to the industrial user. The city may add the costs of preparing administrative enforcement actions such as notices and orders to the fine.
(5) The Superintendent may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(6) Issuance of an administrative fine shall not be a prerequisite for taking any other action against the user.
(I) Emergency suspensions.
(1) Following verbal notice to the user, the Superintendent may immediately suspend a user's discharge whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. Following written notice and an opportunity of the user to respond, the Superintendent may immediately suspend a user's discharge that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.
(a) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to persons or the environment. The Superintendent shall allow the user to recommence its discharge when the user has demonstrated to the Superintendent's satisfaction that the period of endangerment has passed, unless the termination proceedings set forth in division (J) of this section are initiated against the user.
(b) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent, prior to the date of any show cause or termination hearing under divisions (E) and (J) of this section.
(2) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(J) Termination of discharge.
(1) In addition to those provisions in § 51.076(F), any user that violates the following provisions of this subchapter, wastewater discharge permits, or orders issued hereunder, is subject to discharge termination. The city may terminate wastewater disposal service and disconnect an industrial user from the system when there is a:
(a) Violation of wastewater discharge permit conditions;
(b) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
(d) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling;
(e) Violation of the pretreatment standards or pretreatment requirements in § 51.073;
(f) Failure to pay monthly bills for water, sanitary sewer, and industrial wastewater services when due;
(g) Discharge from the industrial user which, alone or in combination with other discharges, causes the POTW to exceed its NPDES or TPDES permits, or which causes damage or imbalance at the POTW; or
(h) Failure to fulfill the requirements of an order issued by the city.
(2) Such user will be notified of the proposed termination of its discharge and may be offered an opportunity to show cause under division (E) of this section why the proposed action should not be taken. The authority to terminate an industrial user's discharge is available to the city regardless of the industrial user's compliance status.
(3) The city will continue a disconnection from the POTW until such time as the industrial user substantiates its compliance with this subchapter, and/or provides additional pretreatment or other facilities designed to address the requirements of any wastewater discharge permit or order issued by the city, or any provision of this subchapter. When the city agrees to reconnect the industrial user, the industrial user will pay all costs for reconnection and file for a new wastewater discharge permit. No waste can be discharged from the industrial user to the POTW until a new wastewater discharge permit is issued.
(Ord. 12-1994-59, passed 12-13-94; Am. Ord. 08-2003-32, passed 4-26-03; Am. Ord. 02-2006-16, passed 2-28-06; Am. Ord. 04-2020-24, passed 4-14-20)