(A) Grease mitigation. Any FSE who voluntarily or involuntarily discharges any waste which causes or contributes to any blockage or overflow, obstruction, interference, damage, or any other impairment to the operation of the POTW or any other third party's sewage system shall be liable for all costs required to clean or repair the facilities together with expenses incurred by the city to resume normal operations.
(B) Penalties. Any FSE who is found to be in violation of this subchapter may be fined no more than $2,500 for each offense. Each day on which a violation occurs or continues may be deemed a separate and distinct offense.
(C) Determination of penalties. A list of all applicable penalties shall be found in the FSE FOG Program policy. In addition to the penalties provided herein, the Utility may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this subchapter or the orders, rules, and regulations issued hereunder.
(D) Revocation of the FOG registration certificate. Any FSE who violates the conditions of this subchapter is subject to having its certificate revoked. The certificate may also be revoked for the following reasons:
(1) Failure of the FSE to report changes in operations within the specified time frame;
(2) Refusal of reasonable access to the FSE's premises for the purpose of inspecting or monitoring;
(3) Falsifying reports;
(4) Refusing to allow timely access to the facility premises and records;
(5) Repeated failure to meet effluent limitation;
(6) Causing or contributing to repeated obstruction and blockages of the sewer system;
(7) Failure to pay fines and penalties;
(8) Failure to meet compliance schedules; or
(9) Engaging in activities that cause or failing to take action to prevent any harm, injury or damage to the operation of the POTW as determined by the Director.
(E) Administrative enforcement. If the Director discovers an FSE is in violation of this subchapter or any orders, rules, and regulations issued hereunder the Director shall follow the administrative enforcement procedure outlined FSE FOG Program policy, as amended.
(F) Remedial action plan. Any FSE that violates any provisions of this subchapter shall be required to submit a remedial action plan to the Director within 15 business days of notification of the violation. The remedial action plan shall detail the steps the FSE will take to correct the violation and the time frame for correcting the violation. The remedial action plan must be signed by an authorized representative of the FSE.
(Ord. 5434, passed 4-6-2015; Am. Ord. 5745, passed 7-1-2019)