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(A) The city will inspect the facilities of any user to ascertain whether the purpose of this division is being met and all requirements are being complied with. Persons or occupants of premises where wastewater is created or discharged shall allow the city, approval authority and EPA or their representative ready access at all reasonable times to all parts of the premises for the purposes of inspection, sampling, records examination and copying or in the performance of any of their duties.
(B) The city, approval authority and EPA shall have the right to set up on the user’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into their premises, the user shall make necessary arrangements with their security guards so that upon presentation of suitable identification, personnel from the city, approval authority and EPA will be permitted to enter, without delay, for the purposes of performing their specific responsibilities. Denial of the POTW’s. approval authority’s, or EPA’s access to the user’s premises shall be a violation of this division. Unreasonable delays may constitute denial of access.
(Ord. passed 5-17-94; Am. Ord. passed 10-20-09) Penalty, see §§ 15-185 et seq.
If the city, approval authority, or EPA has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this division or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the city, approval authority, or EPA may seek issuance of a search warrant from the District Court of the county.
(Ord. passed 5-17-94; Am. Ord. passed 11-20-12)
SUBDIVISION G: CONFIDENTIAL INFORMATION
(A) Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the POTW Director that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user. Any such request must be asserted at the time of submission of the information or data.
(B) When requested by the person furnishing a report, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available upon written request to governmental agencies for uses related to this chapter, the National Pollutant Discharge Elimination System (NPDES) Permit, non-discharge permit and/or the pretreatment programs; provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
(C) All records relating to compliance with pretreatment standards shall be made available to officials of the approval authority and EPA upon request.
(Ord. passed 5-17-94; Am. Ord. passed 11-20-12) Penalty, see §§ 15-185 et seq.
SUBDIVISION H: ENFORCEMENT
(A) Notification of violation. Whenever the POTW Director finds that any industrial user has violated or is violating this division, wastewater permit, or any prohibition, limitation or requirements contained therein or any other pretreatment requirement the POTW Director may serve upon such a person a written notice stating the nature of the violation. Within 30 days from the date of this notice, an explanation for the violation and a plan for the satisfactory correction thereof shall be submitted to the City by the user. Submission of this plan does not relieve the discharger of liability for any violations occurring before or after receipt of the notice of violation.
(B) Consent orders. The POTW Director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the discharger to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order issued pursuant to § 16-185(D), below.
(C) Show cause hearing.
(1) The POTW Director may order any industrial user who causes or is responsible for an unauthorized discharge, has violated this division or is in noncompliance with a wastewater discharge permit to show cause why a proposed enforcement action should not be taken. In the event the POTW Director determines that a show cause order should be issued, a notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
(2) The POTW Director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate.
(3) A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under § 16-186 nor is any action or inaction taken by the POTW Director under this section subject to an administrative appeal under § 15-194.
(D) Administrative orders. When the POTW Director finds that an industrial user has violated or continues to violate this division, permits or orders issued hereunder, or any other pretreatment requirement the POTW Director may issue an order to cease and desist all such violations and direct those persons in noncompliance to do any of the following:
(1) Immediately comply with all requirements;
(2) Comply in accordance with a compliance time schedule set forth in the order;
(3) Take appropriate remedial or preventive action in the event of a continuing or threatened violation; and
(4) Disconnect unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated within a specified time period.
(E) Emergency suspensions.
(1) The POTW Director may suspend the wastewater treatment service and/or wastewater permit when such suspension is necessary 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 the environment, interferes with the POTW or causes the POTW to violate any condition of its NPDES or nondischarge permit.
(2) Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate the contribution. A hearing will be held within 15 days of the notice of suspension to determine whether the suspension may be lifted or the user’s waste discharge permit terminated. In the event of a failure to comply voluntarily with the suspension order, the POTW Director shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The POTW Director shall reinstate the wastewater permit and the wastewater treatment service upon proof of the elimination of the noncompliant discharge. The industrial user shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the POTW Director prior to the date of the above described hearing.
(F) Termination of permit or permission to discharge. The POTW Director may revoke a wastewater discharge permit or permission to discharge for good cause, including, but not limited to, the following reasons:
(1) Failure to accurately report the wastewater constituents and characteristics of his or her discharge;
(2) Failure to report significant changes in operations, or wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or
(4) Violation of conditions of the permit or permission to discharge, conditions of this chapter, or any applicable state and federal regulations.
(G) Notification. Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and will be offered an opportunity to show cause under § 15-185 of this division why the proposed action should not be taken.
(Ord. passed 5-17-94; Am. Ord. passed 10-20-09)
(A) Any user who is found to have failed to comply with any provision of this division, or the orders, rules, regulations and permits issued hereunder, may be assessed a civil penalty of up to $25,000 per day per violation.
(1) Penalties between $10,000 and $25,000 per day per violation may be assessed against a violator only if:
(a) For any class of violation, only if a civil penalty has been imposed against the violator within the five years preceding the violation; or
(b) In the case of failure to file, submit, or make available, as the case may be, any documents, data, or reports required by this article, or the orders, rules, regulations and permits issued hereunder, only if the POTW Director determines that the violation was intentional and a civil penalty has been imposed against the violator within the five years preceding the violation.
(B) In determining the amount of civil penalties for a particular violation, the POTW Director shall consider the following:
(1) The degree and extent of the harm to natural resources, to public health, or to public or private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality, or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by non-compliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply; and
(8) The costs of enforcement to the city.
(C) Appeals of civil penalties assessed in accordance with this section shall be as provided in § 15-194.
(Ord. passed 5-17-94; Am. Ord. passed 3 20 01; Am. Ord. passed 10-20-09; Am. Ord. passed 11-20-12)
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