(a) Emergency Suspension of Service and/or Permit.
(1) Emergency suspension order. The Superintendent of Water Pollution Control may suspend any industrial wastewater discharge permit and/or may issue an emergency suspension order to any discharger to stop or eliminate all discharges to the POTW whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW or the environment. Any user notified of a suspension of his or her wastewater discharge permit or notified of an emergency suspension order shall immediately stop or eliminate all discharges to the POTW.
(2) Emergency suspension of service. In the event of a discharger's failure to immediately comply voluntarily with the suspension order, or in the event that the Superintendent determines that urgency necessitates bypassing formal notification of suspension of services, the Superintendent shall take such steps as are deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or its receiving stream, or to prevent endangerment to any individuals.
(3) Reinstatement of service. The City shall reinstate the wastewater treatment service and/or industrial wastewater discharge permit, pending proof by the discharger of the elimination of the noncomplying discharge or conditions creating the threat of imminent or substantial danger as set forth in paragraph (a)(1) hereof.
(b) Non-Emergency Suspension of Service and/or Permit.
(1) Suspension of service and/or permit. The City may suspend the wastewater treatment services and/or wastewater discharge permit to any discharger which:
A. Fails to report factually the wastewater constituents and characteristics of its discharge;
B. Fails to 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, monitoring or sampling;
D. Violates the conditions of this chapter, any applicable State or Federal law, or any Municipal or final judicial order entered with respect thereto; or
E. Violates the conditions of the respective wastewater discharge permit.
(2) Reinstatement of service and/or permit. The City shall reinstate the wastewater treatment service and/or industrial wastewater discharge permit, pending the City's satisfaction that the noncompliant dischargers, conditions or actions are corrected and that any such future noncompliance is adequately prevented.
(c) Notification of Violation. Whenever the City finds that any discharger has engaged in conduct which violates any of the conditions or provisions of this chapter and/or any discharge permit and/or any Municipal or final judicial order, the City may serve or cause to be served upon the discharger a written notice, either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within ten days of the date of receipt of the notice, the discharger shall respond personally or in writing to the City, advising the City of its position with respect to the allegations, as well as providing an explanation of the violation and what corrective measures have been taken and/or are needed or planned to prevent recurrence. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.
(d) Show Cause Hearings.
(1) Where a discharger causes or contributes to a violation of this chapter and/or any discharge permit and/or any Municipal or final judicial order entered with respect thereto, the City may order the noncompliant discharger to show cause before the City or its duly authorized representative why a proposed enforcement action should not be taken.
(2) A written notice shall be served on the discharger by personal service or by certified or registered mail, 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 an enforcement action is to be taken and 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 not less than ten days before the hearing. Service may be made on any agent, officer or authorized representative of the discharger. Whether or not a duly notified discharger appears as noticed, immediate enforcement action may be pursued.
(e) Consent Orders. The City is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders shall include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to subsection (f) hereof.
(f) Compliance Orders. When the City finds that an industrial user has violated or continues to violate this chapter or a discharge permit or order issued under the provisions of this chapter, the City may issue a compliance order to the responsible industrial user directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Compliance orders may also contain 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.
(g) Cease and Desist Orders. When the City finds that an industrial user has violated or continues to violate this chapter or any discharge permit or order issued under the provisions of this chapter, the City may issue an order to such user to cease and desist all such violations and direct those persons in noncompliance to:
(1) Comply forthwith; and
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(h) Administrative Fines. Notwithstanding any other section of this chapter and in accordance with the authority vested by Ohio R.C. 6111.032(B), any industrial user who is found to have violated any provision of this chapter, or of any permit or order issued under the provisions of this chapter, may be fined in an amount not to exceed one thousand dollars ($1,000) per violation. Each day upon which a violation or noncompliance occurs or continues shall be deemed a separate and distinct violation. Such assessments may be added to the industrial user's next scheduled sewer service charge, and the City shall have such other collection remedies as it has to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual user's property. Industrial users desiring to dispute such fines must file a notice of appeal before the Pretreatment Appeal Board within ten days of being notified of the fine. Appeals must be filed in accordance with the appeals provisions of this chapter.
(i) Judicial Proceedings. The Law Director may, following the authorization of an action by the City, commence such action for appropriate legal and/or equitable relief in any court of competent jurisdiction against any person discharging sewage, industrial wastes or other wastes into the POTW contrary to the provisions of this chapter or of a discharge permit or order issued under the provisions of this chapter.
(1) Injunctive relief. Whenever an industrial user has violated or continues to violate the provisions of this chapter, or of a permit or order issued under the provisions of this chapter, the City, through counsel, may petition the court for the issuance of a preliminary or permanent injunction, both (as may be appropriate), which restrains or compels the activities on the part of the industrial user. The City shall have such remedies to collect these fees as it has to collect other sewer service charges.
(2) Civil penalties.
A. Any industrial user who has violated or continues to violate this chapter, or any order or permit issued under the provisions of this chapter, may be liable to the City for a civil penalty. The City shall have the authority to assess civil penalties in at least the amount of one thousand dollars ($1,000), plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the City may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses. This provision shall not be construed to prohibit the City from assessing fines in an amount less than one thousand dollars ($1,000) if the circumstances, in the estimation of the City, warrant a lesser fine.
B. The City shall petition the court to impose, assess and recover the sums provided in paragraph (i)(2) A. hereof. In determining the amount of liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the industrial user's violation, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the industrial user and any other factor as justice requires.
(j) Publication of Dischargers in Significant Noncompliance. A list of all dischargers who have been found to be in significant noncompliance, as defined in Section 925.02
(33), during the twelve previous months, shall be published annually by the City in the largest daily newspaper published in the City, and shall include a summary of the enforcement actions taken against such dischargers during the same twelve months.
(k) Written Interpretations. Any discharger or interested party shall have the right to request, in writing, an interpretation or ruling by the Superintendent on any matter covered by this chapter and shall be entitled to a written reply with thirty days.
(l) Recovery of Costs. Any discharger violating any of the provisions of this chapter, or who discharges or causes a discharge of matter that produces a deposit or obstruction, or who causes damage to or impairs the City's wastewater works, or who causes additional abnormal costs, as determined by the City, shall be liable to the City for any expense, loss, damage or additional abnormal costs caused by such violation or discharge. The City shall bill the discharger for the costs incurred. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of this chapter.
(Ord. 5330. Passed 10-15-91.)