(A) Penalties.
(1) The city may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the city, 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 interference to the POTW; or causes the city to violate any condition of its NPDES permit. Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city 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 city shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days of the date of occurrence.
(2) Any person found to be violating any provision of this subchapter, except divisions (C)(3) and (C)(4) below shall be served by the local government with written notice stating the nature of the violation and providing a reasonable time limit, not to exceed 60 days, for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, cease all violations. Any person who shall continue any violation beyond the time limit provided for in the aforementioned notice of violation shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in the amount not exceeding $500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(3) No person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenances or equipment which is a part of the wastewater disposal system. Any person violating this provision shall be guilty of a misdemeanor. In addition, such person shall be liable to reimburse the local government for any damage resulting from such violations.
(4) Any person who knowingly makes any false statements, representations or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this subchapter, or wastewater contribution permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this subchapter, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months or by both.
(B) Revocation of permission to discharge. The local government may order a permission to discharge be revoked upon finding that the discharge has violated a provision of this subchapter. A user whose permission to discharge has been revoked shall immediately stop all discharges of any liquid-carried wastes. The local government may disconnect or permanently block from the wastewater disposal system the private sewer of any discharge whose permission to discharge has been revoked if such action is necessary to ensure compliance with the order of revocation. A user whose permission to discharge has been revoked shall apply for new permission to discharge and pay all delinquent fees, charges, penalties and such other sums as may be due to the local government. Costs incurred to revoke the prior permission to discharge and disconnect the private sewer shall be paid for by the discharger before new permission to discharge shall be granted.
(C) Reasons for revocation of permission to discharge. Any user who violates the following conditions of this subchapter or applicable state and federal regulations is subject to having his or her permission to discharge revoked in accordance with the procedures in division (B) above:
(1) Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge;
(2) Failure of a user to report significant changes in operation or wastewater constituents or characteristics;
(3) Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or
(D) Legal action. If any person discharges sewage, industrial wastes or other wastes into the city’s wastewater disposal system contrary to the provisions of this subchapter, federal or state pretreatment requirements, or any order of the city, the City Attorney may commence an action for appropriate legal and/or equitable relief in the County District or Superior Court.
(2005 Code, § 90-107) (Ord. passed 9-10-1984; Motion passed 2-1-1993)