Loading...
When the Wastewater Utility Manager finds that a user has violated, or continues to violate, any provision of this subchapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Utility Manager may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)
(A) When the Wastewater Utility Manager finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Wastewater Utility Manager may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be necessary to properly address a continuing or threatened violation, including halting operations or terminating the discharge.
(B) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)
(A) When the Wastewater Utility Manager finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Utility Manager may fine such user in accordance with I.C. 8-1.5-3-8 to the amount not to exceed $2,500 for the first offense and the amount not to exceed $7,500 for each subsequent offense. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation. The user shall also be responsible for all costs, damages, expenses, attorney’s fees, and fines levied by regulatory agencies due to and attributed to the user’s noncompliance.
(B) Unpaid charges, accrued interest, attorney’s fees, fines, and penalties shall, after 60 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1.8% per month. A lien against the user’s property will be sought for unpaid charges, fines, and penalties.
(C) Users desiring to dispute such fines must file a written request for the Wastewater Utility Manager to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Wastewater Utility Manager may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Wastewater Utility Manager may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)
(A) The Wastewater Utility Manager may immediately suspend a user’s discharge, after informal notice, delivered personally, telephonically, or electronically to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of the public, the environment, or which threatens to interfere with the operation of the POTW. The Wastewater Utility Manager may also immediately suspend a user’s discharge after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
(1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its discharge. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Wastewater Utility Manager may take such steps as deemed necessary, including immediate severance of the sewer connection or other means necessary to prevent or minimize an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of the public, the environment, or which threatens to interfere with the operation of the POTW. The pretreatment facility bears all costs, including, but not limited to, damages to the sewer connection, damage to any pretreatment facilities, or transport and disposal costs associated with a severance or other means to cease the discharge to the POTW. The Wastewater Utility Manager may allow the user to recommence its discharge when the user has demonstrated, to the satisfaction of the Wastewater Utility Manager, that the period of endangerment has passed, unless the termination proceedings in § 51.267 are initiated against the user.
(2) A user that is responsible, in whole or in part, for any discharge presenting an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of the public, the environment, or which threatens to interfere with the operation of the POTW shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Wastewater Utility Manager prior to the date of any show cause or termination hearing under §§ 51.262 or 51.267.
(B) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)
(A) In addition to the provisions in § 51.111, any user who violates the following conditions is subject to discharge termination:
(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
(B) (1) Such user will be notified personally, telephonically, or electronically of the proposed termination of its discharge and be offered an opportunity to show cause under § 51.262 why the proposed action should not be taken.
(2) Exercise of this option by the Wastewater Utility Manager shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)
POTW - JUDICIAL ENFORCEMENT REMEDIES; EFFECTIVE UPON DELEGATION OF A LOCAL PRETREATMENT PROGRAM
When the Wastewater Utility Manager finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the BOW may petition the County Circuit Court and/or the County Superior Court No. 1 through the City Attorney for the issuance of a preliminary and/or permanent injunction, as appropriate, which enjoins or compels the specific performance by the user of the provisions of the wastewater discharge permit, order, or other requirement imposed by this subchapter on activities of the user. The Wastewater Utility Manager may also seek such other action as is appropriate for legal and 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.
(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)
Loading...