(A) The Sewer Department is authorized to enforce user compliance with the requirements of this subchapter. In carrying out this responsibility, the Sewer Department has authority to:
(1) Issue or amend (as applicable) industrial user permits within 60 days of receiving the application for the permit or amended permit. Once issued, a permit:
(a) Will be for a period of time not to exceed two years. A permit may be terminated by revocation by the Sewer Department or upon voluntary surrender of the permit by the permittee at an earlier date;
(b) Is non-transferable by the permittee; and
(c) Will specifically identify all applicable discharge prohibitions and limitations which the Sewer Department will enforce.
(2) Incorporate the pertinent requirements of this subchapter into every city contract with any user located outside of the municipal jurisdiction of the city. The contracts may also provide for liquidated damages and, if applicable, specific performance as remedies for breach of contract;
(3) Receive and analyze all self-monitoring reports and notices submitted by industrial users;
(4) Randomly sample and analyze effluent from users and conduct those surveillance and inspection activities needed to identify, independently of any information supplied by the users, occasional or continuing non-compliance with any categorical standard or pretreatment requirement;
(5) Investigate instances of non-compliance with any categorical standard or pretreatment requirement when notice of any actual or probable non-compliance has been received by the Sewer Department or any representative of the Sewer Department;
(6) Notify users of non-compliance with categorical standards or pretreatment requirements discovered by the Sewer Department. The notice shall also contain a demand for any appropriate corrective action which is necessary to meet the applicable requirements of this subchapter. Any user will be allowed opportunity to respond to an order of the Sewer Department before any enforcement action against the user is initiated, unless the discharge is a threat to the public health, safety, and welfare, in which case the Sewer Department may immediately disconnect service and initiate enforcement action without giving notice;
(7) Comply with the public participation requirements of 40 C.F.R. part 25 in connection with the city’s enforcement of any national pretreatment standards; and
(8) Impose appropriate penalties for non-compliance with any of the requirements of this subchapter. The penalties may include any or all of the following:
(a) Suspension or revocation of any industrial user permit for the failure of an industrial user to comply with the pertinent requirements of such permit;
(b) Termination of service;
(c) Restricting or otherwise limiting allowable discharges; and/or
(d) Requesting that the City Attorney commence criminal and/or civil action against any user violating any requirement of this subchapter.
(B) The Sewer Department shall:
(1) Determine which actual or threatened discharge to the POTW will cause interference with the POTW or will present (or may present) an imminent or substantial endangerment to the health or welfare to any person and/or to the environment;
(2) Abate any actual or threatened discharge which would violate any categorical standard or pretreatment imposed by this subchapter. In the minimum, the Sewer Department will be able to promptly plug or disconnect any sewer service connection to the POTW; and
(3) Correct or mitigate any injury to the environment, the POTW, or to any other property as a result of any discharge in violation of a categorical standard or pretreatment requirement imposed by this subchapter.
(C) Annually publish, in a newspaper circulated in the city, public notice of all industrial users who at least once during the preceding 12-month period were significantly violating any categorical standard or pretreatment requirement imposed by this subchapter. The notification shall also summarize any enforcement actions taken against the users during the same 12-month period.
(D) (1) Notify industrial users of applicable pretreatment standards and any applicable requirements under §§ 204(b) and 405 of the Clean Water Act (33. U.S.C. §§ 1284 and 1345) and subtitles C and D of the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq. and §§ 6941 et seq.).
(2) The Sewer Department shall file with the City Clerk three copies of all federal statutes and regulations cited by this subchapter in order to allow regulated users adequate opportunity to be informed of the applicable federal requirements herein incorporated by reference.
(Prior Code, § 16-7-3)