(A) Violations. It shall be a violation of this chapter for any user to do any of the following.
(1) Fail to completely and/or accurately report the wastewater constituents and/or characteristics of the industrial user's discharge.
(2) Fail to report significant changes in the industrial user's operations or wastewater constituents and/or characteristics.
(3) Refuse reasonable access to the industrial user's premises or waste discharge for the purpose of inspection or monitoring.
(4) Fail to comply with any condition or requirement of the industrial user’s wastewater discharge permit.
(5) Fail to comply with any limitation, prohibition, or requirement of this chapter, including any rule, regulation, or order issued hereunder; however, if an industrial user acts in full accordance with a compliance schedule approved and incorporated into the industrial user's wastewater discharge permit pursuant to the provisions of this chapter, that industrial user shall be deemed to be in compliance schedule. Industrial users acting in full compliance with wastewater discharge permits issued prior to the effective date of this chapter shall be deemed to be in compliance with the requirements of this chapter and the permits shall remain in effect and be enforceable under this chapter until the expiration date of the permit or until a superseding permit is issued, whichever occurs first. Industrial users shall comply with national categorical pretreatment standards and requirements on the date specified in the federal regulations, regardless of compliance schedules.
(B) Upsets. An upset shall constitute an affirmative defense to an action brought for noncompliance with limits imposed under this chapter or national categorical pretreatment standards if the requirements of division (B)(1) are met.
(1) An industrial user who wishes to establish the affirmative defense shall demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that the following are true.
(a) An upset occurred and the industrial user can identify the specific cause(s) of the upset.
(b) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures.
(c) The industrial user has submitted the following information to the department, orally or in writing, within 24 hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five days).
1. A description of the 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.
3. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(2) In any enforcement proceeding, the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(3) The industrial user shall control production of all discharges to the extent necessary to maintain compliance with this chapter upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(C) Emergency suspensions and orders. The control authority may order suspension of the sewer or wastewater treatment service and/or a wastewater discharge permit where suspension is necessary, in the opinion of the control authority, to stop any actual or threatened discharge which presents or may present an imminent or significant hazard to the health or welfare of persons or to the environment, interferes or may interfere with the POTW, or cause or may cause Detroit to violate any condition of its NPDES permit. Any person notified of a suspension of the sewer or wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension or revocation order, the control authority shall take such steps as deemed necessary, including immediate severance of the sewer connection or services, to prevent or minimize damage to the POTW system or danger to any individual or the environment. In the event these steps are taken, the director shall immediately notify the industrial user in writing of the action and the specific recourse available and shall provide the industrial user with an opportunity for a hearing before the Director or his designated representative within ten days of the action. The control authority shall notify the city of this hearing within ten days of the action. The control authority shall reinstate the wastewater discharge permit and/or the sewer or wastewater treatment service upon proof of the elimination of the noncomplying discharge. The industrial user shall submit a detailed written statement to the control authority within 15 days of the occurrence describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.
(D) Notice of violation. Except in the case of an actual or threatened discharge as specified in division (B) of this section, whenever the control authority has reason to believe that any industrial user has violated or is violating this chapter, the control authority shall serve upon the industrial user a written notice stating the nature of the violation.
(E) Notice of control authority action. The city or designated department thereof, shall be notified by the control authority of any enforcement activity taken within its boundaries.
(F) Administrative actions. Whenever the Director has reasonable grounds to believe that sewage, wastes, or other wastes of any kind are being or have been discharged into the wastewater system of the Board in violation of this chapter, wastewater discharge permit or any prohibition, limitation, or requirement contained herein, the Director may, except in the case of emergency or flagrant violation, by conferences, notices, or cooperation, endeavor to the fullest extent possible to have the industrial user eliminate or remedy the violation.
(1) Conferences. The control authority may order any person who violates this chapter to attend a conference wherein the control authority may endeavor to eliminate or remedy the violation by establishing an enforceable compliance schedule. The notice of violation shall be served at least ten days before the scheduled conference and shall set forth the date, time, and place thereof. The conference shall be conducted by a representative of the control authority. The industrial user shall present a plan and schedule for achieving compliance with this chapter. The conference attendees may agree upon a compliance schedule which sets forth the terms and conditions and time period or schedule for full compliance. Nothing contained herein shall require the control authority to accept or agree to any proposed plan to schedule or prevent the control authority from proceeding with a show cause hearing as set forth in division (F)(2) below. Should the attendees agree to a compliance schedule, the industrial user's wastewater discharge permit shall be modified accordingly. An industrial user must exhibit good faith and expeditious efforts to comply with this chapter and any procedures, requirements, and agreements hereunder.
(2) Show cause hearing. The control authority may order any industrial user who violates this chapter, or allows a violation to occur, to show cause before the control authority why a proposed enforcement action should not be taken. A notice shall be served on the industrial user specifying the time and place of a hearing before the control authority regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the industrial user to show cause before the control authority why any proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten days before the hearing, with copies sent to the city. Service may be made on any agent or officer of a corporation or authorized representative.
(a) Hearing proceeding. A representative of the control authority shall conduct the show cause hearing and take the evidence, and may do the following.
1. Issue, in the name of the Board, notices of hearings requesting the attendance and testimony of the witnesses and the production of evidence relevant to any matter involved in the hearings.
2. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Director for action thereon.
(b) At any show cause hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically.
(3) Actions. After a show cause hearing has been conducted, an order may be issued to the industrial user by the control authority directing any of the following actions.
(a) Immediate compliance with the industrial user's wastewater discharge permit or with any applicable limitation, condition, restriction, or requirement of this chapter or applicable local, state, or federal law or regulation.
(b) That pretreatment of waste by installation of adequate treatment equipment or proper operation and maintenance of existing treatment equipment be accomplished within a specified time period. Sewer or wastewater treatment service may be discontinued upon failure to comply.
(c) Submission of compliance reports on effluent quality and quantity as determined by self-monitoring and analysis during a specified time period.
(d) Submission of periodic reports on effluent quality and quantity determined by self- monitoring analysis throughout the final period set by a compliance date.
(e) Control of discharge quantities.
(f) Payment of costs for reasonable and necessary inspection, monitoring, and administration of the industrial user's activities by the control authority during compliance efforts.
(g) Any other orders as are appropriate, including, but not limited to, immediate termination of sewer or wastewater treatment services or revocation of wastewater discharge permit or orders directing that following a specified time period, sewer or wastewater treatment service will be discontinued unless adequate treatment facilities, devices, or operation and maintenance practices have been employed.
(4) Public participation. A list of all industrial users which were the subject of enforcement proceedings pursuant to § 52.52 of this chapter during the 12 previous months shall be annually published by the control authority in the largest daily newspaper, published in the municipality in which the POTW is located, summarizing the enforcement actions taken against the industrial users during the same 12 months whose violations remained uncorrected 45 or more days after notification of noncompliance over that 12-month period, or which involve failure to accurately report noncompliance, or required the control authority to use its emergency authorities. All industrial users identified in a proposed publication shall be provided a copy of that proposed notice at least 30 days before publication and provided with an opportunity to comment as to its accuracy.
(‘83 Code, § 54.12) (Ord. 89-009, passed 8-21-89) Penalty, see § 52.99