(a) Whenever the Service Director finds that any User has violated or is violating this chapter, Wastewater Discharge Permit, compliance schedule, or any prohibition, limitation or requirements contained herein, the Service Director may serve upon such person a written notice stating the nature of the violation. This written notice by the Service Director shall be serviced within fifteen days of the date which the Service Director is made aware of the violation. Within thirty days of the notice, a plan for the satisfactory correction thereof shall be submitted to the Service Director by the user. The Service Director may issue an administrative order and/or issue a fine in response to this violation(s). The fine shall not be more than one thousand dollars ($l,000) per violation per day.
(b) Where unsatisfactory response is received upon notification of violation or response is not received within the time limits specified in subsection (a) above, the Service Director shall issue an administrative order and/or issue a fine and/or order a show cause hearing before the Wastewater Hearing Board as defined in Section 931.11. The user may appeal the action of the Service Director to the Wastewater Hearing Board by giving written notice by certified mail to the Service Director within ten days of notification of the proposed action. A notice shall be served on the user specifying the time and place of the hearing to be held by the Wastewater Hearing Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Wastewater Hearing Board why the 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. Service may be made on an agent or officer of the corporation.
(c) The Board shall conduct the hearing and:
(1) Issue in the name of the Board notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(2) Take the evidence.
(3) Transmit a report of the findings of fact and conclusions of law to the Service Director and the User.
(d) At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(e) Should the Wastewater Hearing Board find that the Service Director's proposed enforcement action is lawful, the Service Director shall issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be disconnected unless adequate treatment facilities, devices or other related appurtenances shall have been installed and existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(f) Any user who violates the following conditions of this chapter or of applicable state and federal regulations is subject to having his permit revoked in accordance with the procedures of Section 931.13:
(1) Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
(2) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or,
(4) Falsification, tampering with, or knowingly rendering inaccurate any monitoring device or method required under this chapter;
(5) Violation of conditions of the permit.
(g) The Service Director may suspend the wastewater treatment service and/or a Wastewater Discharge Permit when such suspension is necessary, in the opinion of the Service Director, in order to stop an actual or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the Wastewater System or causes the City to violate any condition of its NPDES Permit. Any person notified of a suspension of the wastewater treatment service and/or Wastewater Discharge Permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with a suspension order, the Service Director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the City system or endangerment to any individuals. The Service Director shall reinstate the Wastewater Discharge Permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Service Director within fifteen days of the date of occurrence.
(h) If any person discharges Wastewater, Industrial Wastewater or other wastes into the City's Wastewater Disposal System contrary to the provisions of this chapter, Federal or State Pretreatment Requirements or any order of the Service Director, the Director of Law may commence an action for appropriate legal and/or equitable in the Court of Common Pleas.
(i) Any user or any interested party shall have the right to request in writing an interpretation or ruling by the City on any matter covered by this chapter and shall be entitled to a prompt written reply. In the event that such inquiry is by an industrial user and deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of a user's request, shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeals of any final judicial order entered pursuant to this chapter may be taken in accordance with the laws of the City of Girard and State of Ohio.
(j) The Service Director shall make and enforce such rules and regulations as he may deem necessary for the enforcement of the provisions of this chapter for the safe, efficient and economical management of the system. Such rules and regulations, when not repugnant to existing ordinances of the City or laws of the State, shall have the same force and effect as ordinances of Council.
(k) At least annually, the Service Director shall publish a list of all industrial users which at any time during the previous twelve months were in significant noncompliance with applicable pretreatment requirements. For the purposes of this provision, an industrial user is in significant noncompliance if its violations meet one or more of the following criteria (Note: (1) and (2) apply only to significant industrial users and are applicable to each of a significant industrial user's monitoring locations. (3) through (8) apply to all industrial users.):
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit, the average limit, or the instantaneous limit for the same pollutant parameter;
(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit, the average limit, or the instantaneous limit multiplied by the applicable TRC (TRC= 1.4 for BOD, TSS, and fats, oils and grease, and l.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum, longer term average, instantaneous limit, or narrative standard) that the Service Director determines has caused, alone or in combination with other dischargers interference or pass through (including endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment of human health, welfare or to the environment or has resulted in the POTW's exercise of emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety days after the schedule 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 forty-five days after the due date, required reports such as baseline monitoring reports, ninety day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance;
(8) Any other violation or group of violations, including violation of best management practices (BMPs), which the Service Director determines will or has adversely affected the operation or implementation of the City's pretreatment program.
(Ord. 7662-09. Passed 8-27-09.)