(A) The following categories of noncompliance of industrial and commercial users shall be subject to enforcement procedures initiated by the City of Crawfordsville, Indiana.
(1) Failure to submit required reports (baseline monitoring reports, self-monitoring reports, compliance schedule reports and monthly reports).
(2) Failure to meet interim or final compliance schedule, scheduled dates.
(3) Violation of maximum or average pollutant limitations for industry specific categories (categorical standards).
(4) Violations of prohibited discharges under the National Pretreatment Standards (40 CFR 403.5).
(5) Violations of local limits outlined in this subchapter as amended.
(6) Violations of a major contributor permit.
(7) Industrial user’s falsification or tampering of information submitted to the POTW.
(8) Treatment plant upsets and interference’s tracked to an industrial user.
(B) The following shows the enforcement response procedures of the City of Crawfordsville:
(1) Data collection. This process involves the collection of all available information from inspections, monitoring, reporting, plant upsets and private complaints.
(2) Compliance screening. This process involves the review of all available information and monitoring data to sort out noncomplying discharges for appropriate enforcement response. This initial review will address, as appropriate, compliance with required schedules, compliance with reporting features or compliance, or both, with applicable categorical standards and local limitations ordinance.
(3) Emergency response. If evaluation of the data reveals an emergency condition, the city will take whatever means appropriate to bring the violator into compliance, through immediate telephone contact with the discharger identifying the problem specifics and requesting immediate corrective measures. If required more formal measures such as cease and desist orders, injunctive relief or termination of the service shall be placed into effect so as to achieve compliance or eliminate the problem occurrence.
(4) Enforcement evaluation for noncompliance. The violations and conditions identified during the screening processes are reviewed to make a determination relative to the nature of the violation and the type of enforcement necessary. This process is accomplished by using the criteria outlined in the attached Enforcement Response Guide.
(5) Insignificant noncompliance. This process consists of notifying the industrial user by phone of the violation. This call outlines the specifics of the incident and seeks remedial action and response of the discharge. The insignificant noncompliance process also includes an industry’s failure to report slug loading, process changes, and failure to send monthly self-monitoring reports. Multiple insignificant violations will result in industry being deemed in significant noncompliance.
(6) Significant noncompliance. This process consists of notifying the industrial user by phone and letter of violation (mailed certified, return receipt requested). The letter of violation outlines the specifics of the incident (more serious, chronic types of noncompliance as set out in the attached Enforcement Response Guide) and seeks remedial action and respease-of the discharge. The city, through its Waste Water Department’s Department Head (“Department Head”), will then evaluate the response reply-to the letter of violation and make a determination as to whether the discharger has returned to compliance. If compliance is not achieved the city will initiate formal enforcement action.
(7) Formal action.
(a) Letter of violation. When the city finds that a discharger is in violation of the admissible limits or the provisions of a major contributor permit, the city may require the user to submit for approval a detailed letter, within ten days, of specific actions which the user shall take in order to prevent or to correct a violation.
(b) Informal meeting. This process consists of setting up a meeting with the industrial users plant manager and the Department Head and industrial coordinators, to discuss the action the industry will use to bring the industrial users back into compliance. An informal meeting can require a response within ten days. The industry may be allowed up to six months to come into compliance with this action.
(c) Compliance schedule. This schedule is necessary whenever an industrial user is not meeting their limits at the time of promulgation of that standard. The schedule contains increments of progress (i.e., hiring an engineer, completing plans, commencing construction, completing construction, and the like) which corresponds to specific dates for their completion. These represent milestone dates for coming into compliance. The IU is usually allowed six to 12 months to comply with this action.
(d) Issuance of cease and desist orders. When the Department Head finds that a discharger is in violation of the admissible limits or the provisions of their permit, he or she may issue an order to cease and desist to the industrial user, and direct that the user comply with such provisions:
1. Comply immediately;
2. Comply with all terms of a compliance schedule as the city directs; or
3. Take appropriate remedial or preventive action in the event of a threatened violation.
(e) Injunction. When the Department Head finds that a discharger is in violation of the subchapter or the provisions of their permit, or otherwise causes or threatens to cause a condition of pollution or nuisance, the city may petition the court for the issuance of a preliminary or permanent injunction or both, as may be appropriate in restraining the continuance of such a discharger. These dischargers having significantly violated a permit, are further subject to fines imposed by the city, in amount of not less than $1,000 the first clay.
(f) Civil penalties.
1. Any discharger who is found to have violated or fails to comply with any enforcement action, the orders, rules, regulations, pretreatment requirements, and permits issued hereunder, may be fined a maximum civil penalty of $2,500 but not less than $1,000 for each day of violation, in addition to the penalties provided herein, the city may recover reasonable attorney’s fees, court costs, court reporter’s fees and other expenses of litigation by appropriate suit at law against the industry found to have significantly violated the ordinance or the orders, rules, regulations and permits issued.
2. Pretreatment requirements are enforceable through the civil or criminal penalties, or both, as set forth in divisions (B)(7)(f) and (B)(7)(g) of these Enforcement Response Procedures, which include, but are not limited to, the duty to allow or carry out inspections, entry or monitoring activities; any rules, regulations or orders issued by the Department Head; any requirements set forth in the control, mechanisms issued by the Department Head; or any reporting requirements imposed by the city or these regulations in this part.
(g) Criminal penalties.
1. Any industrial user who willfully or negligently violates any provision of this section or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed $2,500 per violation per day or imprisonment for not more than one year, or both.
2. In the event of a second conviction, the user shall be punishable by a fine not to exceed $3,000 per violation per day or imprisonment for not more than three years, or both.
(h) Termination of service.
1. The city, though the City Attorney, may for good cause suspend the wastewater treatment service and the wastewater discharge permit of the discharger when it is evident to the city that an actual or threatened discharger presents or threatens an imminent or substantial danger to the environment, interference with the operation of the POTW or violate any pretreatment limits imposed by the ordinance or any wastewater discharge permit issued pursuant to the ordinance. Any discharger notified of the suspension of the city’s wastewater treatment service or the discharger’s wastewater discharge permit, or both, shall, within a time period determined by the city, terminate all discharges.
2. At the end of each six month period the Superintendent or Pretreatment Coordinator will be responsible for reviewing the industrial files to determine any significant non compliance (SNC’s) and if so, shall be responsible for seeing that the SNC’s are tabulated on an annual basis and that the name of all SNC’s are published annually in the local paper.
(Ord. 4-1999, passed 3-8-99; Am. Ord. 12-2012, passed 8-13-12; Am. Ord. 16-2016, passed 7-11-16)