(A) Those provisions of this chapter not specifically dealt with elsewhere shall be enforced by the Director of City Utilities and such deputies as Director, with the approval of the Board of Public Works, may be appointed for such purposes. Whenever said Director or any such deputy shall deem it appropriate to charge any person with a violation(s) of this chapter, he/she shall issue to such person a notice of violation and/or summons, which shall be processed according to the provisions of IC 34-28-5 and sewer rules and regulations, or pursuant to an ordinance adopted in accordance with IC 36-1-6-9.
(B) The remedies provided for in this chapter are not exclusive. The City may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be conducted in accordance with the City's enforcement response plan as adopted by the Board of Public Works. However, the City may take other action against any user when the circumstances warrant. Further the City is empowered to take more than one enforcement action against any noncompliant user.
(C) When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may petition the Allen County Superior Court, Misdemeanor and Traffic Division, through the City Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Superintendent may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(D) The Superintendent may after informal notice to the discharger, immediately and effectively halt or prevent any discharge of pollutants to the POTW which reasonably appears to present an imminent endangerment to the health or welfare of persons. The POTW may also, after notice to the affected industrial users and an opportunity to respond, halt or prevent any discharge to the POTW which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW.
(E) If the violation has not been corrected pursuant to the requirements set forth in the administrative order, or after a decision upholding the appeal of an administrative order, the Superintendent, or his duly authorized representative, shall have the authority to enter upon the user's premises and are authorized to take any and all measures necessary to abate the violation, including physically severing the sewer connection, and/or terminating water service to the facility. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. Penalties shall include but are necessarily limited to those found in this chapter.
(F) The Superintendent shall at least annually publish notice in a newspaper of general circulation that provides meaningful public notice in the jurisdiction served by the POTW, the industrial users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment requirements.
(Ord. G-5-18, passed 3-13-18)