1045.08  VIOLATIONS AND ENFORCEMENT.
   (a)   Whenever the Pretreatment Coordinator finds that any user has violated or is violating any provision of this chapter, a wastewater discharge permit, or any prohibition, limitation of requirement contained herein, the Pretreatment Coordinator may serve upon such person a written notice stating the nature of the violation. Within thirty days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Pretreatment Coordinator by the user.
   (b)   If any discharge to the District sewer violates any provision of this chapter, the Pretreatment Coordinator may:
      (1)   Require the discharger to demonstrate that in-plant modifications will reduce or eliminate the objectionable characteristics, or require that pretreatment and/or flow equalization facilities be provided such that the discharge will not be in violation;
      (2)   Require the discharger to pay any added cost of handling and treating the wastes not covered by existing taxes and sewer charges;
      (3)   Take other such remedial action as may be deemed necessary to achieve the purpose of this chapter; and/or
      (4)   Take such legal action as provided in this chapter, regardless of written notice, etc.
   (c)   Where unsatisfactory response is received upon notification of violation, or where response is not received within the time limits specified in subsection (a) hereof, the Pretreatment Coordinator shall order any user who causes or allows an unauthorized discharge to show cause before an Administrative Hearing Board, hereinafter called the "Board," composed of the Safety/Service Director, the Director of Law and the Pretreatment Coordinator, why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Board regarding the violation, the reasons why the action is to be taken and the proposed enforcement action, and directing the user to show cause before the 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 any agent or officer of a corporation.  The Board shall conduct the hearing and:
      (1)   Issue, in the name of the Board, notices of hearing 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 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 Board find that the Pretreatment Coordinator's proposed enforcement action is lawful, the Pretreatment Coordinator shall issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, etc., or unless other related facilities 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 applicable State and Federal regulations, is subject to having his or her permit revoked in accordance with the procedures set forth in Section 1045.06.
      (1)   Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge;
      (2)   Failure of a 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;
      (4)   Falsification, tampering with or knowingly rendering inaccurate any monitoring device or method required under this chapter; or
      (5)   Violation of any condition of the permit.
   (g)   (1)   The Pretreatment Coordinator may suspend the wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the Pretreatment Coordinator, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, or which causes interference to the WWTP or causes the District to violate any condition of its NPDES permit.
      (2)   Any person notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of the failure of a person to comply voluntarily with the suspension order, the Pretreatment Coordinator shall take such steps as are deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Pretreatment Coordinator 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 nature occurrence shall be submitted to the Pretreatment Coordinator 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 Pretreatment Coordinator, the Director of Law may commence an action for appropriate legal and/or equitable relief 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 of any matter covered by this chapter and shall be entitled to a prompt written reply. In the event that such inquiry is by a 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. Appeal of any final judicial order entered pursuant to this chapter may be taken in accordance with the laws of the City and the State of Ohio.
   (j)   No person shall purposely and with intent to obtain a lesser charge provide false information to the District or any agent or representative thereof or tamper with or adjust any meter or equipment.
   (k)   Any person found to be violating any provision of these regulations, except nonpayment, shall be served by the District with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
   (l)   No discharger shall violate any provision of this chapter, its wastewater discharge permit or any order of the City or court of competent jurisdiction.
   (m)   Any person violating any of the provisions of these regulations shall, in addition to the penalties and civil fines provided in Section 1045.99, become liable to the District for any expense, loss or damage to the District occasioned the District by reason of such violation.
   (n)   No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the district sewerage system. Any person violating this provision shall be subject to immediate arrest under a charge of disorderly conduct.
   (o)   No person shall knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or a wastewater discharge permit, or falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this chapter, or fail to comply with any of the provisions of Section 1045.05(n).
   (p)   The Pretreatment Coordinator shall make and enforce such rules and regulations as he or she may deem necessary for the enforcement of the provisions of the chapter for the safe, efficient and economical management of the system. Such rules and regulation, 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.
   (q)   The City may obtain remedies for noncompliance by any industrial user with any pretreatment standard and requirement. The Safety/Service Director shall have within his or her authority the ability to seek injunctive relief for noncompliance by industrial users with pretreatment standards and requirements.
   (r)   At least annually, the Pretreatment Coordinator 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:
      (1)   Chronic violations of wastewater discharge limits, defined herein as those in which sixty-six percent or more of all of the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits;
      (2)   Technical review criteria (TRC) violations, defined herein as those in which thirty-three percent or more of wastewater measurements taken for each pollutant parameter taken during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
      (3)   Any other violation of a pretreatment standard or requirement (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Pretreatment Coordinator determines has caused, alone or in combination with other discharges, 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 to human health, welfare or 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, any 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(s), which may include a violation of Best Management Practices, which the Pretreatment Coordinator determines will or has adversely affected the operation or implementation of the City pretreatment program.
(Ord. 91-130.  Passed 11-5-91; Ord. 09-27.  Passed 3-3-09.)