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A. The Chief Executive Officer may issue a control mechanism to any industrial user (who is not otherwise a significant industrial user) who is discharging or proposes to discharge wastewater containing substances regulated under part 7 of this article, upon finding that all of the following conditions are met:
1. The actual or proposed discharge of the applicant is in compliance with the prohibitions and limitations of part 7 of this article;
2. The actual or proposed operation and discharge of the applicant would permit the normal and efficient operation of the wastewater treatment system; and
3. The actual or proposed discharge of the applicant would not result in a violation by the City of the terms and conditions of its CDPS permit or pass-through of any toxic materials to the environment.
B. If the Chief Executive Officer finds that the condition set out in subsection A1 of this section is not met, the Chief Executive Officer may issue a control mechanism to the applicant if the conditions set out in subsections A2 and A3 of this section are met and if the applicant submits, and the Chief Executive Officer approves, an expeditious compliance schedule setting out the measures to be taken by the applicant and the dates that the measures will be implemented to ensure compliance with the provisions of this article.
C. The control mechanism may contain conditions for discharging as requirements for treatment, limitations and prohibitions, BMPs, monitoring, sampling and analysis requirements, reporting and recordkeeping requirements, conditions for accessible inspections and other conditions to ensure compliance with this article.
D. The Chief Executive Officer may issue industrial users (who are not otherwise significant industrial users) general control mechanisms when all of the industrial users covered by the general control mechanism involve the same or substantially similar types of operations, discharge the same types of wastes, require the same effluent limitations or BMPs, require the same or similar monitoring (if any) and in the opinion of the Chief Executive Officer are more appropriately controlled under a general control mechanism.
E. General control mechanisms may contain conditions for discharging as requirements for treatment, limitations and prohibitions, BMPs, monitoring, sampling and analysis requirements, reporting and recordkeeping requirements, conditions for accessible inspections, requirements to control slug discharges if determined by the Chief Executive Officer to be necessary, and other conditions to ensure compliance with this article and Federal pretreatment standards.
F. Adoption of general control mechanisms shall be in accord with subsection 12.1.110B of this chapter.
G. The duration of general control mechanisms is as provided in the general control mechanism. General control mechanisms issued for a term of less than five (5) years may be administratively extended at the discretion of the Chief Executive Officer; however, the entire term of the general control mechanism may not exceed five (5) years. (Ord. 99-163; Ord. 01-42; Ord. 06-195; Ord. 10-82; Ord. 18-42)
The terms and conditions of a permit or control mechanism may be subject to modification and change by the Chief Executive Officer during the life of the permit or control mechanism, as limitations or requirements as identified in this article are modified and changed. The user shall be informed of any proposed changes in the permit or individual control mechanism at least thirty (30) days prior to the effective date of change unless the change is initiated by a violation of this Wastewater Treatment Code. Any change or new condition in the permit shall include a reasonable time schedule for compliance. The Chief Executive Officer may provide relief from permit requirements in writing, provided the relief does not conflict with Federal requirements. Modification of general control mechanisms must be in accord with subsection 12.1.110B of this chapter. (Ord. 99-163; Ord. 01-42; Ord. 06-195; Ord. 10-82; Ord. 14-66; Ord. 18-42)
A. The Chief Executive Officer may deny the issuance of a discharge or liquid waste hauler permit on the following grounds:
1. The applicant knowingly falsified information on the permit applications, manifests, or other reports; or
2. The applicant's previous or other discharge or liquid waste hauler permit is under suspension or probation or has been otherwise revoked and the condition upon which action was taken still exists; or
3. The applicant is not current on all disposal and permit related reports and/or is deemed delinquent on tariffs and/or user charges; or
4. The applicant has discharged to the POTW nonpermitted or otherwise prohibited wastes; or
5. Compliance history of the user demonstrates a pattern of violations of permit requirements or late payments; or
6. Failure to maintain financial assurance as required by permit conditions; or
7. Past environmental convictions of the user relevant to the future compliance with permit requirements; or
8. Considerations relevant to permit revocation; or
9. Other items as the Chief Executive Officer considers significant.
B. In the event an application for an SIU wastewater discharge or liquid waste hauler permit is denied, the Chief Executive Officer shall notify the applicant in writing of the denial. The notification shall state the grounds for denial with that degree of specificity which will inform the applicant of the measures or actions which must be taken by the applicant prior to issuance of a permit.
C. Upon receipt of notification of denial of a permit application or individual control mechanism or coverage under a general control mechanism, the applicant may request and shall be granted within a reasonable time a hearing to be held by the Chief Executive Officer or a Hearing Officer designated by the Chief Executive Officer, if the request is submitted to the Chief Executive Officer within fifteen (15) days of receipt of notification. At the hearing the applicant shall have the burden of establishing that the conditions set out in this article have been met and that a permit or individual control mechanism should be issued or coverage under a general control mechanism should be granted. The Chief Executive Officer shall bear the burden of establishing that the conditions of section 12.5.301 of this article or section 12.5.1110 of this part have been met. The hearing shall be conducted in accord with the procedures provided in subsection 12.5.1204D of this article. (Ord. 99-163; Ord. 01-42; Ord. 06-195; Ord. 10-82; Ord. 18-42)
PART 12 ENFORCEMENT
SECTION:
12.5.1201: Enforcement Generally; Remedies Cumulative
12.5.1202: Administrative Enforcement Remedies; Informal
12.5.1203: Administrative Enforcement Remedies; Formal
12.5.1204: Administrative Hearing Procedures
12.5.1205: Judicial Enforcement Remedies
12.5.1206: Supplemental Enforcement Remedies
12.5.1207: Affirmative Defenses
12.5.1208: Disposition Of Fines And Penalties
A. Consistent with the Federal Clean Water Act section 309, 33 USC section 1319, strict liability for noncompliance with the requirements of this article, any regulation, control mechanism or permit thereunder shall constitute a violation, regardless of fault, negligence or intent. The discretion to pursue enforcement shall be upon consideration of the magnitude of the violation; its duration; its effect on the receiving water, collection or treatment facilities, City employees and contractors, and the public health, safety and welfare; the user's compliance history; the good faith of the user; and the resources available to support the enforcement action. Enforcement shall be in accord with this part and this chapter, including subsections 12.1.115A and C of this chapter, but to the exclusion of the dispute resolution procedure of other Utilities matters provided in the Utilities tariffs or the restitution provided at subsection 12.1.115B of this chapter. These enforcement remedies apply to any violation of this article.
B. It is the purpose of this section to provide additional and cumulative remedies. The Chief Executive Officer may use the following remedies either individually, sequentially, concurrently, or in any order. (Ord. 99-163; Ord. 01-42; Ord. 06-195; Ord. 14-66; Ord. 18-42)
A. Authority: The Chief Executive Officer may use the following informal remedies for one or collective violations as appropriate for the circumstances:
1. Verbal Notice: For any noncompliance, verbal warnings such as telephone calls and other verbal communications may be given by the Chief Executive Officer or designated agent.
2. Information Production/Compliance Review Meeting: When there is some reason to believe a violation of this article has occurred, the Chief Executive Officer or designated agent may require production of information such as records, reports, noncompliance explanations, installation of monitoring equipment or methods (including where appropriate, biological monitoring methods), or other information as may reasonably be required, including meetings for such purposes.
3. Demand Inspections: In accord with section 12.5.805 of this article, including the permit's consent to search, an inspection of a site or relevant files and documents at or related to the site may occur to evaluate compliance status or efforts to return to compliance.
4. Field Notice Of Observed Violation (FNOV): During an inspection or a sampling of a user, if the Chief Executive Officer finds a violation of this article or applicable requirements which has or is occurring, the Chief Executive Officer may serve upon the user a field notice of observed violation identifying the specific violation, and the date for corrective action to be completed, or other compliance actions required. An FNOV will contain at a minimum, the name of the person receiving the FNOV, the user and its address, date and time, corrective action required, and signatures of industry representative and City official.
5. Notification Of Violation (NOV): Whenever the Chief Executive Officer finds that any user has violated or is violating this article, a wastewater discharge permit, control mechanism, or order issued hereunder, the Chief Executive Officer may serve, personally or by certified mail, upon the user written notice of the violation. The written notice shall state the provision violated, the facts alleged to constitute the violation, and it may include the nature of any corrective action proposed to be required or monitoring to be conducted. Within ten (10) days of the receipt date of this notice, a written explanation of or response to the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Chief Executive Officer. The plan may be waived by the Chief Executive Officer. 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.
B. Appeal Procedure For FNOVs And NOVs: After receipt of an FNOV or NOV, the user may appeal to the Chief Executive Officer to reconsider items contained in the notice. No later than five (5) working days after receipt of the notice or prior to the date upon which corrective action has been ordered, whichever comes first, the user may request an informal conference to resolve items contained in the notice. The informal conference shall be conducted as provided in subsection 12.5.1204A of this part. A user may not request a hearing on an FNOV or NOV without first requesting and participating in an informal conference. (Ord. 99-163; Ord. 01-42; Ord. 06-195; Ord. 18-42)
A. Formal Remedies: The Chief Executive Officer may use the following formal remedies for one or collective violations as appropriate for the circumstances. The remedies shall be contained in a unilateral administrative order or consent administrative order, as appropriate. A unilateral administrative order may be used without an initial hearing. A consent administrative order is an agreement between the alleged violator and the Chief Executive Officer and may be issued without a hearing or following a hearing. A consent administrative order shall have the same force and effect as any other administrative order issued pursuant to this article. Any order shall be in writing, shall state the provision violated, the facts alleged or supporting the violation and any of the following elements singularly or together:
1. Cease And Desist Order: When the Chief Executive Officer finds that the user has violated or continues to violate this article or any permit, control mechanism, BMP or order issued thereunder, the Chief Executive Officer may require the user to cease and desist all violations and direct those persons in noncompliance to take the appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. The time by which the acts or practices complained of must be terminated must be specified.
2. Compliance Schedule: An administrative order may contain a "compliance schedule" as defined in section 12.5.201 of this article. Compliance schedule progress reports are due fourteen (14) days following each milestone date.
3. Administrative Fines: Not as a criminal penalty and only as an administrative measure (civil penalty), administrative fines encourage compliance and offset unquantifiable damage to the POTW and the environment from noncompliance. Any user who is found to have violated any provision of this article, permits, control mechanisms, BMPs or orders issued hereunder, may be assessed an amount not to exceed one thousand dollars ($1,000.00) per violation per day. Each day on which noncompliance shall occur or continue may be deemed a separate and distinct violation. Instances when a violation continues (for which fines may be assessed for each day) include, but are not limited to, each day of failure to provide required submittals after the due date; following a sampling event showing noncompliance until a sampling event demonstrating compliance; and failure to rectify the damage to the wastewater treatment system or to the environment resulting from an initial violation. Fine assessments shall be based upon nature, circumstances, extent and gravity of the violation(s), and with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any), and such other matters as justice may require.
4. Extra Costs Charges:
a. The Chief Executive Officer may assess a charge to recover costs incurred by the POTW for extra monitoring, investigation or quantifiable damages attributable to any user who is found to have:
(1) Discharged a waste which causes an obstruction, damage, interference, pass-through or other impairment to the POTW or damage to other users as a result of the discharge;
(2) Committed a violation of this article; or
(3) Failed to comply with provisions of the user's discharge permit, control mechanism, BMP or order.
b. The amount of this charge shall be determined by the Chief Executive Officer and may include:
(1) Sampling and analysis costs;
(2) Time, material and equipment costs incurred as a result of inspection procedures;
(3) Costs incurred in the administrative analysis of all pertinent information, or extraordinary costs incurred by the POTW as a result of discharge or other noncompliance such as time (including legal services), material and equipment costs including chemical usage, detecting and preventing or correcting interference or pass-through of the POTW or repairing damage to the POTW; and
(4) Other associated costs as the Chief Executive Officer may deem necessary.
5. Suspension Or Revocation Of Permit Or Control Mechanism:
a. Any violation of the conditions of an SIU wastewater discharge permit, liquid waste hauler permit, control mechanism, BMP, order or of this article or of applicable State and Federal regulations shall be reason for suspension or revocation of the permit, individual control mechanism, notice of coverage under a general control mechanism or BMP. Upon suspension or revocation, any wastewater discharge from the affected user shall be prohibited. Grounds for suspension and revocation include, but are not limited to, the following:
(1) A user has falsified information or records submitted or retained in accord with this article or in connection with any permit, control mechanism, or BMP issued pursuant to this article;
(2) A user has failed to report significant changes in operations or wastewater constituents or characteristics;
(3) A user has violated the conditions of a permit, control mechanism or BMP;
(4) A user has refused right of entry;
(5) A user has tampered with monitoring equipment;
(6) A user has failed to reapply for a permit, individual control mechanism, or request a required permit modification;
(7) A user has discharged into the POTW in violation of this article;
(8) A temporary or permanent reduction or elimination of the permitted discharge is required due to changed circumstance(s), as may be discovered in a toxicity reduction evaluation or other investigation to assure compliance with the requirements of this article;
(9) A temporary or permanent reduction or elimination of the permitted discharge is required due to changes in design or capability of the POTW to treat the discharged wastes or hauled liquid wastes; or
(10) A temporary or permanent reduction or elimination of the discharge due to promulgation of a more stringent pretreatment standard by State or Federal agencies having jurisdiction over receiving waters.
b. In regards to liquid waste haulers, additional grounds for suspension or revocation of a liquid waste hauler permit, include, but are not limited to:
(1) The liquid waste hauler has failed to pay disposal charges in accord with permit or tariff and Code requirements;
(2) The liquid waste hauler has improperly used and/or maintained the designated disposal facilities in violation of requirements established by the Chief Executive Officer;
(3) The liquid waste hauler or representative failed to display the authorization document upon request by a representative or employee of Utilities;
(4) The liquid waste hauler or representative changed, altered or otherwise modified the face of a permit or authorization document without the permission of the Chief Executive Officer;
(5) The liquid waste hauler or representative failed to immediately halt the discharge from the truck into the designated disposal facilities upon order of any Utilities employee;
(6) The liquid waste hauler or representative tampered with POTW monitoring or sampling equipment or access gates at the designated disposal facilities; or
(7) The liquid waste hauler or representative failed to comply with manifest requirements contained in section 12.5.1002 of this article.
c. Any permit, individual control mechanism, notice of coverage under a general control mechanism or BMP, which has been suspended or revoked pursuant to this part, may be reinstated upon a finding by the Chief Executive Officer that the condition, which resulted in the suspension or revocation, no longer exists.
d. Suspensions may be effected by the Chief Executive Officer for any length of time up to one year.
B. Emergency Suspension Order:
1. The Chief Executive Officer may suspend the wastewater treatment service of any user, or a permit, individual control mechanism, notice of coverage under a general control mechanism or BMP, or disconnect the sewer connection when the suspension or disconnect is necessary in the opinion of the Chief Executive Officer in order to stop an actual or threatened discharge which:
a. Presents or may present an imminent or substantial endangerment to the health, safety or welfare of persons or property;
b. Presents or may present an imminent or substantial endangerment to the environment;
c. May cause or actually causes interference to the POTW or pass through of contaminants causing violation of the POTW's permit; or
d. Causes the POTW to violate any condition of its CDPS or NPDES permit, certificate of designation or other Federal or State laws.
2. In the event of a suspension or disconnect under this part, within fifteen (15) days the user shall submit a written report describing the event that caused the suspension, its compliance status and the measures necessary to prevent a recurrence. In no event shall the appeal of an emergency suspension order in any way stay or suspend the same.
3. The Chief Executive Officer may reinstate the wastewater discharge permit, individual control mechanism, notice of coverage under a general control mechanism or sewer connection upon proof of compliance.
C. Imminent Hazard Order: The Chief Executive Officer may issue an imminent hazard order as provided in subsection 12.1.115C of this chapter. (Ord. 99-163; Ord. 00-204; Ord. 01-42; Ord. 06-195; Ord. 10-82; Ord. 18-42)
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