A. Emergency Suspension Of Service And Pretreatment Discharge Permit: The city may, without advance notice, order the suspension of the wastewater treatment service to a user when it appears to the city that an actual or threatened discharge:
1. Presents or threatens an imminent or substantial danger to the health or welfare of persons, or substantial danger to the environment. Any user notified by the city's suspension order shall immediately cease all discharges. In the event of failure of the users to comply with the suspension order, the city is authorized to physically prevent the discharge from entering the public owned sewerage collection system, and assess all associated costs to the user.
2. Threatens to interfere with the operation of the POTW, or to violate any pretreatment limits imposed by this chapter. Any user notified of the city's suspension order shall immediately cease all discharges. In the event of failure of the user to comply with the suspension order, the city may commence judicial proceedings immediately thereafter to compel the user's specific compliance with such order and/or to recover civil penalties. The city shall reinstate the wastewater treatment service upon proof by the user of the elimination of the noncomplying discharge or conditions creating the threat as set forth above. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
B. Termination Of Treatment Services; Nonemergency Procedures:
1. Termination: The city may terminate wastewater treatment services to any user who:
a. Fails to factually report accurately the wastewater constituents and characteristics of its discharge;
b. Fails to report significant changes in wastewater constituents or characteristics; or
c. Violates the provisions of this chapter, or any order of the city with respect thereto.
2. Cease And Desist Orders: When the wastewater division head finds that a user has violated (or continues to violate) any provision of this chapter, a pretreatment 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 division head may issue an order to the user directing it to cease and desist all such violations and directing the user to:
a. Immediately comply with all requirements; and
b. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
C. Administrative Enforcement Remedies:
1. Notices Of Violation (NOV): When the city finds that a user has violated (or continues to violate) any provision of this chapter, a pretreatment discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the city may serve that user a written notice of violation (NOV). If required, within five (5) working days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the city. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
2. Consent Orders: The city may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document and as determined by the wastewater division head. Use of a consent order shall not be a bar against, or a prerequisite for, taking any other action against the user.
3. Compliance Orders: When the wastewater division head finds that a user has violated or continues to violate any provision of this chapter, a pretreatment discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the wastewater division head may issue an order to the user responsible for the discharge directing that the user come into compliance within a time specified in the order. If the user does not come into compliance within the time specified in the order, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders may also 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 federal categorical 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.
4. Show Cause Hearing: Where the violation of this chapter is not corrected in adherence to compliance orders or any other enforcement action in a timely manner, the city may order any user which suffers or permits a violation of this chapter to show cause before the city, or its duly authorized representative, why the proposed service termination action should not be taken. A written notice shall be served on the user by personal service, or certified or registered mail, return receipt requested:
a. Specifying the time and place of a hearing to be held by the city or its designee regarding the violation;
b. The reasons why the enforcement action is to be taken;
c. The proposed enforcement action.
The notice shall further direct the user to show cause before the city or its designee why the enforcement action should not be taken. The notice of the hearing shall be served no less than ten (10) days before the hearing. Service may be made on any agent, officer or authorized representative of a user. The proceedings at the hearing shall be considered by the city, which shall then enter appropriate orders with respect to the alleged violations of the user.
D. Judicial Proceedings: Following the entry of any order by the city with respect to the violation by a user of this chapter, the city may commence in an action for appropriate legal and/or equitable relief in the appropriate local court, including the following:
1. Injunctive Relief: When the wastewater division head or his designee determines that a user has violated (or continues to violate) any provision of this chapter, a pretreatment discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the wastewater division head or his designee may petition the district court of the fifth judicial in and for the county of Blaine for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the pretreatment discharge permit, order or other requirement imposed by this chapter on activities of the user. The city may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or prerequisite for, taking any other action against a user.
2. Criminal Prosecution:
a. It shall be unlawful for any user to:
(1) Violate any provision of this chapter, a pretreatment discharge permit or order issued hereunder, or any other pretreatment standard or requirement;
(2) Introduce any substance into the POTW which causes personal injury or property damage;
(3) Knowingly make any false statements, representations or certifications in any application, report, plan or other documentation filed, or required to be maintained, pursuant to this chapter, pretreatment discharge permit or order issued hereunder; or
(4) Falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this chapter.
b. Any person, firm or other legal entity violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment in the county jail for a period not to exceed six (6) months, or both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Any penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
3. Restitution: Any user violating any of the provisions of this chapter who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the city wastewater system shall be liable to the city for any expense, loss or damage caused by such violation of discharge. The city may bill the user for the actual and/or estimated cost incurred by the city for any cleaning, sampling and monitoring expenses, repair or replacement work caused by the violation or discharge, including reasonable attorney fees, court costs and other expenses associated with the violation.
E. Civil Penalty:
1. Any user who violates an order of the city, or who fails to comply with any provision of this chapter, or any regulations, rules or permits of the city, issued pursuant to this chapter, shall be liable to the city for a civil penalty not to exceed one thousand dollars ($1,000.00) per violation. Each day upon which a violation occurs or continues shall constitute a separate violation. In the case of a monthly or other long term average discharge limit, the penalties shall accrue for each day during the period of the violation. Such penalties may be recovered by judicial actions and/or, to the extent permissible by state law, by administrative procedures.
2. A user desiring to dispute such penalty must file a written request for the city to reconsider the fine, along with full payment of the fine, within fifteen (15) days of the imposition of the penalty. Upon receipt of the request to reconsider the penalty, the city council shall convene a hearing within thirty (30) days of receiving the request. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user.
3. In determining the amount of civil liability, the city shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user and any other factor as justice requires.
4. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
F. Remedies Nonexclusive: The provisions in this section are not exclusive remedies. The rights and remedies provided by this chapter are cumulative and the use of any one right or remedy shall not preclude the city from pursuing any or all other remedies the city may have by law, statute, ordinance or otherwise.
G. Affirmative Defenses To Discharge Violation:
1. An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the requirements of subsection E2 of this section are met.
2. A user who wishes to establish an affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
a. An upset occurred and that the user can identify the cause(s) of the upset;
b. The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
c. The user has submitted the following information to the city within twenty four (24) hours of becoming aware of the upset (if this information is submitted orally, a written submission must be provided within 5 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; and
(3) Steps being taken and/or planned to reduce, eliminate and prevent reoccurrence of the noncompliance.
3. In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
4. Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with applicable pretreatment standards.
5. Users shall control production of all discharges to the extent necessary to maintain compliance with applicable pretreatment standards upon reduction, loss or failure of its treatment facility until the treatment facility is restored or an alternative method of treatment is provided. This requirement applies to the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails. (Ord. 1086 §§ 1 - 5, 2011; Ord. 1070 § 1, 2010; Ord. 741 § 1, 1999)