(1) Enforcement guide. Whenever the Control Authority finds that a violation of any provision of this chapter or any prohibition, limitation or requirement contained in this chapter, a wastewater discharge permit, or any order issued hereunder has occurred, the Control Authority will initiate the appropriate enforcement response as provided in the Department's Enforcement Response Guide. The Enforcement Response Guide includes specific penalties for violations as determined appropriate by the Control Authority.
(2) Notification of violation. Whenever the Control Authority finds that any user has violated or is violating provisions of this chapter, a wastewater discharge permit or order issued hereunder, the Control Authority may serve upon said User written notice of the violation. Notice may be served on the owner, user, and/or permit holder by certified mail, return receipt requested, or any other means of communication that the city has available to notify the party of said violation and the need for corrective action. Within five (5) days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction of the violation and prevention of future violations, including specific required actions, shall be submitted to the Control Authority. 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.
(3) Administrative orders. Whenever the Control Authority finds that a violation of any provision of this chapter or any prohibition, limitation or requirement contained in this chapter, a wastewater discharge permit, or any order issued hereunder has occurred, the Control Authority may issue an administrative order to direct users not complying with such prohibitions, limits, requirements, or provisions to take any or all of the following measures:
(a) Comply forthwith or in accordance with a time schedule set forth by the Control Authority;
(b) Take appropriate remedial or preventive action in the event of a threatened violation;
(c) Surrender his applicable user's permit if ordered to do so after a show cause hearing;
(d) Pay a civil penalty and/or damages; and/or,
(e) 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.
(4) Cease and desist order. When the Control Authority finds that a discharge of wastewater has taken place in violation of prohibitions or limitations of this chapter or the provisions of a wastewater discharge permit, the Control Authority may issue an order to cease and desist, and direct the user to comply forthwith within a specified time schedule, or to take appropriate remedial or preventative action in the event of a threatened violation.
(5) Injunction. Whenever a user has violated or continues to violate the provisions of this chapter, a discharge permit or order, the Control Authority may petition the Chancery Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge.
(6) Termination of service. Termination of service for failing to pay the monthly sewer bill shall be handled in accordance with § 18-208
(1). All other violations for which termination of service is deemed necessary shall be administered according to this section.
Violation of the user's application or agreement for service and failure of payment of any obligation due to the city shall be termed grounds for termination of service. Prior to termination of service for violation of the application or agreement or nonpayment, the Control Authority shall notify, in writing, the owner and/or tenant, if any, that service is intended to be so terminated and afford the owner and/or tenant the opportunity to request a hearing thereon if such request is made in writing within five (5) days of receipt of notice. However, in the event of an emergency that, in the opinion of the Control Authority, threatens harm to the facilities or endangers the public's health, the Control Authority may immediately take action to terminate service to the property.
The Control Authority may immediately suspend sewer service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the Control Authority, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes or may cause interference at the POTW or causes or may cause the City to violate any conditions of its NPDES permit.
Any person notified of an emergency suspension of sewer service and/or a wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the emergency suspension order, the Control Authority shall take such steps as deemed necessary, including immediate disconnection of water service or severance of the sewer connection, to prevent or minimize damage to the POTW or endangerment to any individuals. A hearing shall be held by the Control Authority within twenty-four (24) hours of an emergency disconnection order to allow the user an opportunity to demonstrate to the Control Authority that the emergency situation has been abated or corrected and that the danger to the facilities or public health no longer exists. The Control Authority shall reinstate sewer service and/or the wastewater discharge permit upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any further occurrence shall be submitted to the Control Authority within five (5) days of the date of occurrence.
Such right to discontinue service shall apply to all service received through a single tap or service, even though more than one customer or tenant is furnished service therefrom, and even though the delinquency or violation is limited to only one such customer or tenant. Discontinuance of service by the Control Authority for any cause stated in this chapter shall not release the customer from liability for service already received or from liability for payments that thereafter become due under the minimum bill provisions or other provisions of the customer's agreement.
(7) Legal action. Upon any indication of a lack of response to a duly issued enforcement action, the matter will be referred to the city attorney for appropriate legal action.
(8) Fines and Penalties. Each and every day in which a violation occurs or continues shall be deemed a separate offense. Any fine or penalty provided for in this chapter shall be in addition to damages to which the city may be entitled, pursuant to other provisions of this chapter and as may otherwise be provided by law.
(a) Civil penalties. Any person or user who violates any provision of this chapter requirements or conditions set forth in permits duly issued, or who discharges wastewater which causes pollution or violates any order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard, shall be subject to the penalties and procedures provided for in "The Tennessee Water Quality Control Act of 1977", Tennessee Code Annotated, §§ 69-3-101 through 129 as amended. The Control Authority may levy penalties of up to $10,000 per day for each violation. The Enforcement Response Guide shall be used when administering penalties.
(b) Criminal penalties. Any person who willfully or negligently violates any provision of this chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a (penalty) of fifty ($50) dollars per violation per day.
(c) Falsifying of information. Any person or user who knowingly makes any false statements, representation, record, report, plan or other document filed with the Control Authority or who falsifies, tampers with or knowingly renders inaccurate any monitoring device required under this chapter is hereby declared to be in violation of this code section and subject to the civil and/or criminal liabilities.
(9) Failure to comply. The issuance of a notice of violation, administrative order, or compliance schedule shall not relieve the recipient of any penalties or fines that result from failure to comply with the provisions of this chapter.
(10) Notification to public. The Control Authority shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by (the POTW), a list of the Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements.
(11) Preventive measures. Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system shall be eliminated if deemed necessary by the Control Authority.
(12) Correction of violation. In order to enforce the provisions of this chapter, the Control Authority, shall have the authority to correct any violation hereof. The cost of such correction shall be added to any sewer service charge payable by the user violating this chapter or the owner and/or tenant of the property upon which the violation occurred, and the City of Cookeville shall have such remedies for the collection of such costs as it has for the collection of sewer service charges.
(13) Damages to facilities. When a discharge of wastes causes an obstruction, damage, or any other impairment to the POTW facilities, the Control Authority shall assess a charge against the user for the work required to clean or repair the facility and add such charge to the user's sewer service charge.
(14) Compliance schedules. When the Control Authority finds that a discharge of wastewater is, or has been, taking place in violation of prohibitions or limitations prescribed in this chapter or the wastewater discharge permit requirements, or otherwise finds a violation of this chapter, the Control Authority may require the user to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of requirements.
(15) Hearings/appeals.
(a) Appeals board.
(i) Members. The City Council shall appoint a five member board to be known as the Sewer Regulations Appeals Board. Members shall be appointed for three year terms; however, the terms of the initial board members shall be as follows: one member for one year; two members for two years; and two members for three years. All members appointed to fill expired terms shall serve for three consecutive years thereafter, and no member of the Sewer Regulations Appeal Board shall serve more than two full, three-year terms without a one-year break. A member whose term has expired shall continue to serve until his or her successor is appointed in the manner as herein provided. In the event of death or resignation of a board member prior to expiration of his or her term, a successor shall be appointed for the unexpired term in the same manner as the deceased or retiring board member was appointed, and shall take office upon appointment. Such successor board member shall be eligible for re-appointment to two full terms. A chairman and vice chairman of the board shall be elected by majority vote of the sewer regulations appeals board. The Director or his designee shall serve as the secretary to the Sewer Regulations Appeals Board.
(ii) Powers of the board. The appeals board shall have the following powers:
(A) To conduct hearings on appeals of decisions of the Director in actions taken under and pursuant to this chapter.
(B) To issue subpoenas requiring attendance and testimony of witnesses and production of evidence relevant to any matter involved in hearings before the board. This power may be exercised by the board on its own initiative or upon application of the parties.
(C) To administer oaths. The chairman, vice-chairman or chairman pro tern shall be authorized to administer oaths. All testimony before the board shall be under oath.
(D) To prescribe such rules and regulations for the convening of the board, the conduct of hearings and all matters pertaining to and in furtherance of the authority and power herein granted.
(E) To review actions or decisions, other than the refusal of applications for exceptions and/or conditions on discharge permits, to determine if the decision, action or determination made by the Director is reasonable and necessary to protect the POTW and/or to effectuate the provisions of this chapter.
(F) To review actions involving refusal of application for exceptions and/or conditions on discharge permits to determine whether or not the party appealing said decision has met the conditions prescribed in this chapter. In making this determination, the board may consider the following:
1. The cost of pretreatment or other types of control techniques which would be necessary for the user to achieve effluent reduction, but prohibitive cost alone shall not be the basis for granting a variance;
2. The age of equipment and industrial facilities involved to the extent that such factors affect the quality or quantity of wastewater discharge.
3. The process employed by the user and process changes available which would affect the quality or quantity of wastewater discharge;
4. The engineering aspects of various types of pretreatment or other control techniques available to the user to improve the quantity or quality of wastewater discharge.
(b) Hearings. Except in those emergency situations, as provided for elsewhere in this chapter, the Director shall afford any user an opportunity for a hearing to show cause why a proposed enforcement action should not be taken. User shall be provided with not less than forty-eight (48) hours of notice of such hearing. Notice of the meeting shall be served personally or by registered or certified mail (return receipt requested). Such notice may be served on any user, permit applicant or permit holder. Whether or not a duly notified user appears as noticed, immediate enforcement action may be pursued.
Any order of notice of violation shall become final and not subject to review unless the person or persons named therein request, by written petition, a hearing before the Sewer Regulations Appeals Board no later than thirty (30) days after the date such is served.
The Director's decision, action or determination, shall remain in full force and effect during such period of appeal unless modified or suspended by the Sewer Regulations Appeals Board.
Any hearing held by the Sewer Regulations Appeals Board will be held according to and in full compliance with Tennessee Code Annotated, § 69-3-124.
(Ord. #O17-09-17, October 2017)