A. All dischargers subject to local, state or federal regulations must retain and preserve, for at least three years, any records books, documents, memoranda, reports, correspondence, and any and all summaries relating to monitoring, sampling and chemical analyses made by or on behalf of a discharger in connection with its discharge. All records which pertain to matters which are the subject of any enforcement or litigation activities brought by the city must be retained and preserved by the discharger until all enforcement activities have concluded and all periods of limitation concerning any appeals have expired.
1. The city may, for good cause shown, suspend the wastewater treatment service to a discharger when it appears to the city that an actual or threatened discharge presents or threatens an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interferes with the operation of the POTW, or violates any pretreatment limits imposed by this chapter. In the event such discharge poses an immediate threat to the collection works, POTW or the health and safety of any persons, the city shall have the right, as given in the enforcement response procedures, to immediately terminate service. In the event a discharger does not pose an immediate threat, the city may, at its discretion, suspend services. Any discharger notified of the suspension of the city's wastewater treatment service shall, within a reasonable period of time, as determined by the city, cease all discharges. In the event of failure of the discharger to comply voluntarily with the suspension order within the specified time, the city shall commence judicial proceedings immediately thereafter to compel the discharger's compliance with such order. The city shall reinstate the wastewater treatment service and terminate judicial proceedings pending proof by the discharger of the elimination of the noncomplying discharge or conditions as set forth in this chapter.
2. The city may seek to terminate the wastewater treatment services to any discharger which fails to: a. factually report the wastewater constituents and characteristics of its discharge; b. report significant changes in wastewater constituents or characteristics; c. refuses reasonable access to the discharger's premises by representatives of the city for the purpose of inspection or monitoring; or d. violates the conditions of this chapter, or any final judicial order entered with respect thereto.
3. Whenever the city finds that any discharger has engaged in conduct which justifies termination of a wastewater treatment service, the city shall serve or cause to be served upon such discharger, a written notice, either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within thirty days of the date of receipt of the notice, the discharger shall respond personally or in writing to the city, advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and, where necessary, establish a plan for the satisfactory correction thereof.
4. Where the violation of paragraph (A)(1) of this section is not corrected by timely compliance by means of administrative adjustment, the city may order any discharger which causes or allows conduct prohibited by paragraph (A)(1), to show cause, before the city or its duly authorized representative, why the proposed service termination action should not be taken. A written notice shall be served on the discharger by personal service, certified or registered, return receipt requested, specifying the time and place of a hearing to be held by the city or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the discharger to show cause before the city or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer or authorized representative of a discharger. The proceedings at the hearing shall be considered by the city which shall then enter appropriate orders with respect to the alleged improper activities of the discharger. Appeal of such orders may be taken by the discharger in accordance with applicable local or state law.
5. Following the entry of any order by the city with respect to the conduct of a discharger contrary to the provisions of paragraph (A)(1), the attorney for the city may, following the authorization of such action by the city, commence an action for appropriate legal and/or equitable relief in an appropriate court.
6. The control authority shall publish annually, in the largest daily newspaper published in the municipality in which the city is located, a list of the industrial users which, during the previous twelve months, were in significant noncompliance, as defined in Section 13.16.101, with applicable pretreatment standards and requirements. The term "significant noncompliance" is defined in the definitions section of this chapter.
7. Any discharger or any interested party shall have the right to request, in writing, an interpretation or ruling by the city on matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject. Receipt of a discharger's request shall stay all enforcement proceedings, pending receipt of the aforesaid written reply.
8. Appeal of any final judicial order entered pursuant to this chapter may be taken in accordance with applicable local and state law.
9. When the utility service board finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the utility service board may serve upon that user a written notice of violation. Within the time frame stated in the Letter of Violation (LOV), 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 utility service board. 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 utility service board to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
B. Any discharger who is found to have violated an order of the city, or who has failed to comply with any provision of this chapter, and the regulations, or rules of the city, or orders of any court of competent jurisdiction, or permits issued hereunder, shall commit an ordinance violation and be subject to a civil penalty of up to two thousand five hundred dollars. Each day in which any such violation shall continue shall be deemed a separate offense.
C. Any discharger violating any of the provisions of this chapter, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the city wastewater disposal system, shall be liable to the city for any expense, loss or damage caused by such violation or discharge. The city shall bill the discharger for the costs incurred by the city for any cleaning, repair or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of this chapter.
D. Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall commit an ordinance violation and be subject to a civil penalty of up to two thousand five hundred dollars.
E. Any person found to be violating any provision of Article II of this chapter shall be served by the city with written notice, stating the nature of the violation, and shall be required to formally reply to this citation.
F. Any person who shall continue any violation beyond the time limit provided shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding two thousand five hundred dollars for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
G. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned the city or downstream users by reason of such violation.
H. The utility service board shall have full power to invoke any authorized legal, equitable or special remedy for the enforcement of this chapter. Further, the utility service board is authorized to institute proceedings in the Circuit or Superior Court of Bartholomew County for prohibitory or mandatory injunctive relief of any violation of this chapter.
I. Any discharger violating the maximum limit given for non-compatible pollutants may be subject to administrative fines as established by the utility service board.
(Ord. 10-12 (part), 2010; Ord. 04-2 (part), 2004; Ord. 99-16 (part), 1999)