The city is charged with the duty of investigating, preventing and abating violations and enforcing the provisions of this chapter.
(A) The city shall be responsible for the supervision and control of the maintenance of the existing sewer line and all new connections. The city shall be responsible for the supervision and control of all other matters related to the operation, maintenance, alteration, repair, and management of the wastewater treatment works. The city may employ any person or persons in any capacity or capacities as advisable to carry out the efficient management and operations of the system and may make necessary or recommended rules, orders and regulations to assure the efficient management and operation of the system, including the setting of rates, surcharges, fees, penalties, or other charges, for the use of the system.
(B) The city and its authorized representative is hereby empowered to do the following.
(1) Supervise the implementation of this chapter.
(2) Institute actions against all users violating this chapter and institute legal proceedings in the name of the city in a court of competent jurisdiction for the abatement or prevention of any nuisance, injunction, relief, damages, or other relief with respect to violations of this chapter.
(3) Review the plans for pretreatment equipment submitted by users.
(4) Make periodic inspections and tests of existing and newly installed, constructed, reconstructed, or altered sampling, metering, or pretreatment equipment to determine compliance with the provisions of this chapter.
(5) Investigate complaints of violations and make inspections and observations of discharges. Record those investigations, complaints and observations.
(6) Issue orders requiring compliance with this chapter.
(7) Propose the imposition of civil penalties for violations of this chapter.
(8) Make recommendations to the city for amendments to this chapter.
(9) Collect and disseminate information on water pollution control.
(10) Coordinate activities under this chapter with planning and zoning agencies to promote conservation and management of the water resources of the city.
(11) Cooperate with federal, interstate, state, country, district, municipal, or other agencies concerned with water pollution with respect to studies, abatement programs, public complaints, and other matters to conserve and improve the natural resources of the city.
(12) Institute legal proceedings in the name of the city in a court of competent jurisdiction to compel compliance with provisions of this chapter or any determination or order which may be promulgated or issued pursuant to this chapter.
(C) Significant noncompliance.
(1) The city will annually publish in the local newspaper of greatest circulation a list of categorical users, and any non-categorical user at its discretion, which were in significant noncompliance with any pretreatment requirements or standards at least once during the 12 previous months. This publication shall also summarize any enforcement actions taken against such user(s) during the same 12 months.
(2) For purposes of this section, significant noncompliance shall mean the following:
(a) Chronic violation of a discharge limit, defined here as when 66% or more of all the measurements for a pollutant parameter taken during a six-month period exceed by any magnitude the corresponding daily maximum limit or the corresponding average limit;
(b) Technical review criteria violation of discharge limit, defined here as when 33% or more of all of the measurements for a pollutant parameter taken during a six-month period equal or exceed the product of the corresponding daily maximum limit multiplied by the applicable TRC factor, or the product of the corresponding average limit multiplied by the applicable TRC Factor (TRC Factor is 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation of a discharge limit that the WWTP Superintendent determines has alone or in combination with other discharges caused interference or pass through, including endangering the health of POTW personnel or the general public;
(d) Any discharge to the POTW of a pollutant that has caused imminent endangerment to human health, public welfare, or the environment, or has resulted in the city exercising its emergency authority to halt or prevent such a discharge;
(e) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in its wastewater contribution permit, order, or agreement issued pursuant to this chapter for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, compliance status reports, self-monitoring reports, limit exceedance notification/repeat sampling reports, and/or required notifications;
(g) Failure to accurately report noncompliance;
(h) Any other violation or group of violations that the WWTP Superintendent and City Manager determine as adversely affecting the objectives of this chapter or administration of the city’s IPP.
(Ord. 257, passed 6-3-91; Am. Ord. 333, passed 5-16-16)