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(A) The city shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the industrial users which, during the previous 12 months, were in significant non-compliance with applicable pretreatment standards and requirements.
(B) The term
SIGNIFICANT NON- COMPLIANCE shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants, except pH);
(3) Any other discharge that the city believes has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of city personnel or the general public);
(4) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the city’s exercise of its emergency authority to halt or prevent such discharge;
(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
(6) Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules;
(7) Failure to accurately report non- compliance; and
(8) Any other violation(s) which the city determines will adversely affect the operation or implementation of the local pretreatment program.
(Ord. C-172, passed 9-7-1993)
(A) Notification of violation. Whenever the Superintendent finds that any user has violated or is violating this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the Superintendent or his or her agent may serve upon said user a written notice of violation. Within seven days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(B) Consent orders. The Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such orders will include specific action to be taken by the user to correct the non-compliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant division (D) below and shall be judicially enforceable.
(C) Show cause hearing. The Superintendent may order any user which causes or contributes to violation(s) of this chapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such actions and a request that the user show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least seven days prior to the hearing. Such notice may served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be prerequisite for taking any other action against the user.
(D) Compliance orders. When the Superintendent finds that a user has violated or continues to violate the ordinance, wastewater discharge permits or orders issued hereunder or any other pretreatment standard of requirement, he or she may issue an order to the user responsible for the discharge directing that the user come into compliance within a period of time specified in the order. If the user does not come into compliance within the specified period of time, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the non- compliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.
(E) Cease and desist orders.
(1) When the Superintendent finds that a user is violating this chapter, the user’s wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(a) Immediately comply with all requirements; and
(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(2) Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user.
(F) Emergency suspensions.
(1) The Superintendent may immediately suspend a user’s discharge (after informal notice to the user) whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent may also immediately suspend a user’s discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.
(a) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Superintendent shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings set forth in division (G) below are initiated against the user.
(b) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent, prior to the date of any show cause or termination hearing under division (C) above and division (G) below.
(2) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(G) Termination of discharge.
(1) In addition to those provisions in § 8-2-4(M) of this chapter, any user that violates the following conditions of this chapter, wastewater discharge permits or orders issued hereunder, is subject to discharge termination:
(a) Violation of wastewater discharge permit conditions;
(b) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
(d) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling;
(e) Violation of the pretreatment standards in § 8-2-2 of this chapter; and
(f) Failure to pay sewer use charges as specified in § 8-7-2 of this code of ordinances, or any other fee that may be assessed by matters covered by this chapter.
(2) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under division (C) above why the proposed action should not be taken.
(Ord. C-172, passed 9-7-1993)
(A) Injunctive relief. Whenever a user has violated a pretreatment standard or requirement or continues to violate the provisions of this chapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment requirement, the Superintendent may petition the Lee County District Court at Fort Madison through the City’s Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirements imposed by this chapter on activities of the industrial user. Such other action as appropriate for legal and/or equitable relief may also be sought by the city. A petition for injunctive relief need not be filed as a prerequisite to taking any other action against a user.
(B) Civil penalties.
(1) Any user which has violated or continues to violate this chapter, any order or wastewater discharge permit hereunder, or any other pretreatment standard or requirement shall be liable to the Superintendent for a maximum civil penalty of $1,000 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) The Superintendent may recover reasonable attorney fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses and the cost of any actual damages incurred by the city.
(3) In determining the amount of civil 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, any economic benefit gained through the user’s violation, corrective action by the user, the compliance history of the user and any other factor as justice requires.
(4) Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.
(C) Criminal prosecution.
(1) Any user that wilfully or negligently violates any provision of this chapter, any orders or wastewater discharge permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a simple misdemeanor, punishable by a fine of not more than $200 per violation per day or imprisonment for not more than 30 days.
(2) Any user that wilfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a simple misdemeanor and be subject to a penalty of not more than $200 or be subject to imprisonment for not more than 30 days. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) Any user that knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed or required to be maintained, pursuant to this chapter, wastewater discharge permit or order or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punishable by a fine of not more than $200 per violation per day or imprisonment for not more than 30 days.
(D) Simple misdemeanor. Any violation of this chapter, wastewater discharge permits or orders issued hereunder, is a simple misdemeanor. Each day that a violation continues shall constitute a separate offense.
(E) Municipal infraction.
(1) Any violation of this chapter arising from non-compliance with a pretreatment standard or requirement, referred to in 40 C.F.R. § 403.8 by an industrial user is a municipal infraction and punishable by a civil penalty of not more than $1,000 for each day a violation exists or continues.
(2) The city may classify a municipal infraction, other than a violation arising from non- compliance with a pretreatment standard or requirement, as an environmental violation if the infraction is a violation of Iowa Code Chapter 455B or a violation of a standard established by the city in consultation with the Department of Natural Resources, or both. A municipal infraction which is classified an environmental violation is punishable by a civil penalty of not more than $1,000 for each occurrence. A person committing an environmental violation is not subject to a civil penalty, if all of the following conditions are satisfied:
(a) The violation results solely from the person conducting an initial start-up, cleaning, repairing, performing scheduled maintenance, testing or conducting a shutdown, of either equipment causing the violation or the equipment designed to reduce or eliminate the violation;
(b) The person notifies the city of the violation within 24 hours from the time that the violation begins; and
(c) The violation does not continue in existence for more than eight hours.
(3) The city shall not enforce this section against a person committing an environmental violation, until the city offers to participate in informal negotiations with the person. If the person accepts the offer, the city and the person shall participate in good faith negotiations to resolve issues alleged to be the basis for the violation.
(F) Remedies non-exclusive. The provisions in §§ 8-2-9 through 8-2-11 of this chapter are not exclusive remedies. The city reserves the right to take any, all or any combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the city reserves the right to take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any non-compliant user. These actions may be taken concurrently.
(Ord. C-172, passed 9-7-1993; Ord. C-322, passed 4-4-2000)
(A) Liability insurance. The Superintendent may decline to reissue a wastewater discharge permit to any user which has filed to comply with the provisions of this chapter, any order or a previous wastewater discharge permit issued hereunder, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
(B) Water supply severance. Whenever a user has violated or continues to violate the provisions of this chapter, orders or wastewater discharge permits issued hereunder, water service to the user may be severed. Service will only recommence, at the user’s expense, after it has satisfactorily demonstrated its ability to comply.
(C) Public nuisances. Any violation of this chapter, wastewater discharge permits or orders issued hereunder, is hereby declared a public nuisance and shall be corrected or abated as directed by the Superintendent or his or her designee. Any person(s) creating a public nuisance shall be subject to the provisions of the city code.
(Ord. C-172, passed 9-7-1993)
The city may adopt reasonable charges and fees for reimbursement of costs of setting up and operating the city’s pretreatment program which may include:
(A) Fees for wastewater discharge permit application including the cost of processing such applications;
(B) Fees for monitoring, inspection and surveillance procedures including the cost of collection and analyzing an industrial user’s discharge and reviewing monitoring reports submitted by industrial users;
(C) Fees for reviewing and responding to accidental discharge procedures and construction;
(D) Fees for filing appeals; and
(E) Other fees as the city may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines and penalties chargeable by the city.
(Ord. C-172, passed 9-7-1993)