(a) Whenever the City finds that any user has violated or is violating this chapter, or any pretreatment standard, limitation or requirement, the City may serve upon such user a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty (30) days, for the satisfactory correction thereof.
(b) If a violation is not corrected by timely compliance, the City may issue an administrative order requiring any person who causes or allows an unauthorized discharge to show cause before the City why service should not be terminated.
(c) The City may issue a notice to the industrial user responsible for a discharge the violates any requirement of this chapter stating that the sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed or existing treatment facilities, devices or other related appurtenances are properly operated.
(d) Legal Action: Any discharge in violation of the substantive provisions of this chapter or in order of the City shall be considered a public nuisance. If any person discharges sewage, industrial wastes or other wastes into the POTW contrary to the substantive provisions of this chapter or any order of the City, the City may commence an action for appropriate legal and/or equitable relief in the Common Pleas Court of this county.
(e) Compliance Schedules: When, in the opinion of the City, it becomes necessary for industrial users to install technology or provide additional operation and maintenance (O&M), to meet any condition of this chapter or applicable administrative order, the City may require the development of the shortest schedule by which the industrial user will provide this additional technology or O&M.
(1) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events. Under no circumstances shall any increment exceed nine months.
(2) Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Director including, at a minimum, whether or not it complied with the increment or progress to be met on such date and, if not, the date on which it expects to comply with the increment of progress, the reason for delay, and the steps being taken to return to the schedule established.
(f) Suspension of service and Discharge Permits: The City may, for good cause shown, suspend the wastewater treatment service and the wastewater discharge permit of a discharger when it appears to the City that an actual or threatened discharge presents an imminent or substantial danger to the health or welfare of persons, the environment, or the POTW, or interferes with or threatens to interfere with the operation or performance of the POTW. Any discharger notified of the suspension of wastewater treatment services or their wastewater discharge permit, shall immediately ease all discharges. In the event a user fails to immediately comply voluntarily with the suspension order, the City shall take such steps as deemed necessary including severance of the sewer connection.
(g) Revocation of Permit: The City may revoke the wastewater discharge permit of any discharger that violates any condition of this chapter, its permit, or an order of the City or court of competent jurisdiction.
(h) Annual Publication: Annually, the City shall publish a list of all significant industrial users which at any time in the previous twelve (12) months were in significant non-compliance with applicable pretreatment requirements. This publication shall be made in the largest daily local newspaper.
(i) The City may commence an action for appropriate legal action and/or equitable relief in the appropriate courts with respect to the conduct of a discharge contrary to the provisions of this chapter.
(j) Injunctive Relief: Whenever an industrial user has violated or continues to violate this chapter, its wastewater discharge permit, or any order of the City or court of competent jurisdiction, the City may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the industrial user.
(k) Any person who is found to have violated an order of the City or who willfully or negligently failed to comply with any provision of this chapter, and the orders issued hereunder, shall be fined up to one thousand dollars ($1,000) per violation per day.
(1) Civil Penalties. Any discharger who is found to have violated any provision of this chapter, their wastewater discharge permit, or any order of the City or court of competent jurisdiction shall be subject to the imposition of a civil penalty of up to one thousand dollars ($1,000) per violation. Each day on which a violation occurs or continues shall be deemed a separate and distinct violation. In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the discharger.
(2) Criminal Penalties. Any person, or persons who intentionally or willfully violate any provision of this chapter, their wastewater discharge permit, or any order of the City or court of competent jurisdiction or any person or persons that allow a violation shall be punishable, upon conviction, by a criminal penalty of up to one thousand dollars ($1,000) per day per violation and not more than six months in jail.
(3) Falsifying Information. Any person or persons who knowingly make any false statement, representation or certification in any application, record, report, plan or document filed or required to be maintained pursuant to this chapter, wastewater discharge permit, or any order of the City or court of competent jurisdiction, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method, shall be punishable, upon conviction, by a criminal penalty of up to one thousand dollars ($1,000) per day per violation and not more than six months in jail.
(4) Administrative Fines. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, or permits and orders issued hereunder, shall be fined an amount not to exceed one thousand dollars ($1,000) per violation. Each day on which a violation or noncompliance occurs shall be deemed a separate and distinct offense.
A. In determining the amount of an administrative fine, the City shall consider the magnitude and severity of the violation, the history of past violations, the economic advantage gained by the violator for causing or allowing the violation to occur, and affirmative actions taken by the violator to comply with the provisions of this chapter.
B. Such fines may be added to the industrial user's sewer service bill. The City shall have the same collection remedies that are available to collect other charges.
C. Any person assessed an administrative fine may appeal the action by filing a written notice of appeal within ten day of being notified of the fine. The notice of appeal shall include the name, address and telephone number of the appellant; the date, and any other pertinent documentation describing the basis for the appeal.
D. The notice of appeal shall be filed at the office of the City Manager by certified mail. The City Manager shall consider the appeal and convene a hearing on the matter within 30 days of receiving the notice of appeal.
E. Any person who fails to file a notice of appeal within ten days of receipt of the notice, shall be deemed to have agreed to the action taken.
(Ord. 16-12. Passed 5-16-16.)
(Ord. 16-12. Passed 5-16-16.)