§ 12.5-672 EMERGENCY SUSPENSION OF WATER SUPPLY AND/OR DISCHARGE.

   (a)   The director may immediately and without hearing suspend a user’s city-provided water supply and/or wastewater discharge when such suspension is necessary in the opinion of the director to stop an actual or threatened discharge which:

      (1)   Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons;

      (2)   Presents or may present imminent and substantial danger to the POTW; or

      (3)   Causes or will cause pass through or interference of the POTW.

   (b)   If time permits, the director should notify the user prior to the suspension.

   (c)   As soon as is practicable after the suspension of the water supply/discharge, the director shall notify the user of the suspension in person or by certified mail, return receipt requested, and shall order the user to cease the discharge immediately.

   (d)   Any user notified of a suspension of its water supply/discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to comply immediately and voluntarily with the suspension order, the director may take such steps as deemed necessary to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. Such steps may include immediate severance of the user’s water service and sewer connection.

   (e)   The user shall not recommence its water service/discharge until the director so authorizes and:

      (1)   The user presents proof satisfactory to the director that the noncomplying discharge has ceased;

      (2)   The user presents proof satisfactory to the director that the conditions creating the threat of imminent and substantial danger have been eliminated;

      (3)   The user pays the city for all costs incurred by the city in responding to the discharge or threatened discharge; and

      (4)   The user pays the city for all costs the city will incur in reinstating services.

   (f)   A user may appeal the suspension in accordance with the procedures for reconsideration and hearing set forth in § 12.5-119 of this chapter.

   (g)   The city may obtain a lien against the property to recover its response costs pursuant to the procedures set out in § 12.5-120 of this chapter.

   (h)   The remedies provided by this section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against nor a prerequisite for, taking other action against a violator.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-673 NON-EMERGENCY TERMINATION OF WATER SUPPLY AND/OR DISCHARGE.

   (a)   A user who violates the following conditions is subject to the termination of its city-provided water supply and/or its discharge:

      (1)   Violation of wastewater discharge permit conditions;

      (2)   Failure to accurately report the wastewater constituents and characteristics of its discharge;

      (3)   Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

      (4)   Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling; or

      (5)   Violation of the pretreatment standards of this article.

   (b)   The user will be notified of the proposed termination of its water supply and/or discharge, and may petition for a reconsideration and hearing pursuant to § 12.5-119 of this chapter.

   (c)   The user shall not recommence its discharge until the director so authorizes and:

      (1)   The user presents proof satisfactory to the director that the noncomplying discharge has ceased;

      (2)   The user presents proof satisfactory to the director that the conditions creating the threat of imminent and substantial danger have been eliminated; and

      (3)   The user pays the city for all costs the city will incur in reinstating services.

   (d)   Exercise of this option by the director shall not be a bar to, nor a prerequisite for, taking any other action against the user.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 15496, § 1, passed 3-25-2003)

§ 12.5-674 PERFORMANCE BONDS.

   The director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous wastewater discharge permit, or order issued pursuant to this chapter, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-675 LIABILITY INSURANCE.

   The director may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous wastewater discharge permit, or order issued pursuant to this chapter, or any other pretreatment standard or requirement, 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.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-676 ADDITIONAL CRIMINAL OFFENSES.

   (a)   A person commits an offense if the person owns, operates or is in control of any facility and there occurs a discharge from such facility to the POTW in violation of this article, a permit issued pursuant to this article, or any pretreatment standards.

   (b)   A person commits an offense if the person owns, operates or is in control of any facility and fails to make any report to the director as required by this article or a permit issued pursuant to this article.

   (c)   Other than subsections (a) or (b) above, a person commits an offense if the person owns, operates or is in control of any facility and knowingly violates a provision of this article, a provision of a permit issued pursuant to this article, or any order issued by the director under authority of this chapter.

(Ord. 12274, § 1, passed 11-28-1995)

§ 12.5-677 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS FOR ACTION IN MUNICIPAL OR STATE COURT.

   (a)   A person shall be entitled to an affirmative defense to violation of a pretreatment standards or a permit under this article if a cause of action is brought in municipal or state court and that person can establish that an event that would otherwise be a violation of a pretreatment ordinance or a permit issued under article was caused solely by an act of God.

   (b)   To claim an act of God, a user must control production of all discharges to the extent possible until such time as the reduction, loss or failure of it’s treatment facility is restored or an alternative method of treatment is provided.

(Ord. 12274, § 1, passed 11-28-1995; Ord. 15496, § 15, passed 3-25-2003; Ord. 20043-01-2012, § 12, passed 1-10-2012)

§ 12.5-677.1 AFFIRMATIVE DEFENSES TO UPSET ONLY IN FEDERAL COURT.

   A person shall be entitled to an affirmative defenses for a violation caused by an upset only if a cause of action is brought in federal court and the user demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence that:

   (a)   The user’s facility was at the time of the upset being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

   (b)   The user has submitted written notice with the information listed below to the director within 24 hours of becoming aware of the upset. If this notice is provided orally, a written notice must be provided within five days. The written notice must state:

      (1)   A description of the indirect discharge and cause of noncompliance;

      (2)   The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

      (3)   Steps being taken and/or planned to reduce, eliminate and prevent recurrence of the noncompliance.

(Ord. 20043-01-2012, § 12, passed 1-10-2012)

§ 12.5-677.2 OTHER AFFIRMATIVE DEFENSES TO SPECIFIC PROHIBITED DISCHARGE STANDARDS ONLY IN FEDERAL COURT.

   A person shall be entitled to an affirmative defense for a cause of action brought only in federal court for noncompliance with the general prohibition of §§ 12.5-610(a), 12.5-610.1(a) or 12.5-610.2(a) or a specific prohibition of §§ 12.5-610(b)(3), (b)(5), (b)(6), (b)(7) or (b)(8), 12.5-610.1(b)(3), (b)(4), (b)(5), (b)(6) or (b)(7) or 12.5-610.2(b)(3), (b)(4), (b)(5), (b)(6) or (b)(7); or if the user can show that the user did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

   (a)   A local limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or

   (b)   No local limit exists, but the discharge did not change substantially in nature or constituents from the user’s prior discharge when the city was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements.

(Ord. 20043-01-2012, § 12, passed 1-10-2012)

§ 12.5-678 NUISANCE.

   A discharge to the POTW in violation of any provision of this article, a wastewater discharge permit or any other pretreatment standard or requirement is hereby declared to be a public nuisance.

(Ord. 12274, § 1, passed 11-28-1995)