(a) Notification of Violation. When the City 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 City shall serve upon that user a written Notice of Violation. Within fourteen (14) 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 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.
(b) Consent Orders. When the City finds that a user continues to violate (two or more violations within any 12 month period) any provision of this chapter, a wastewater discharge permit or order issued hereunder or another pretreatment standard or requirement, the City shall 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. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 935.26(d) and (e) and shall be judicially enforceable.
(c) Show Cause Hearing. The City shall order a user which continues to violate (three or more violations within any twelve month period) any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the City and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) days prior to the hearing. Such notice shall be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(d) Compliance Orders. When the City finds that a user continues to violate (four or more violations within an twelve month period any provision of this chapter a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City shall 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 and maintained. 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 violations. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(e) Cease and Desist Orders. When the City finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, other pretreatment standard or requirement, or that the user's past violations are likely to recur, the City shall 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 needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(f) Emergency Suspensions. The City may immediately suspend a user's discharge, after informal notice 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 persons. The City 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, and endangerment to the environment.
(1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the City may take such steps as deemed necessary, including immediate severance of the sewer connection to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The City may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings in subsection (h) hereof are initiated against the user.
(2) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the City prior to the date of any show cause or termination hearing under subsections (c) or (h) hereof.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(g) Termination of Discharge. 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
(5) Violation of the pretreatment standards in this chapter.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection (e) hereof why the proposed action should not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the user.
(h) Injunctive Relief.
(1) When the Authorized or Duly Authorized Representative of the City of Harrison, Ohio finds that a User has violated, or continues to violate, any provision of this ordinance, and individual wastewater discharge permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the Authorized or Duly Authorized Representative of the City of Harrison, Ohio may petition the Hamilton County Court through the City of Harrison's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific or others requirement imposed by this ordinance on activities of the User. The Authorized or Duly Authorized Representative of the City of Harrison, Ohio 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 a prerequisite for, taking any other action against a User.
(i) Judicial Proceedings. Following the entry of any order by the authority with respect to the conduct of a discharger contrary to the provisions of subsection (b) above, the attorney for the authority may, following the authorization of such action by the authority, commence an action for appropriate legal or equitable relief in the appropriate local court.
(j) Enforcement Actions; Annual Publication. A list of all significant dischargers which were the subject of enforcement proceedings pursuant to this section during the 12 previous months, shall be annually published by the authority in the largest daily newspaper published in the municipality in which the authority is located, summarizing the enforcement actions taken against the dischargers during the same 12 months whose violations remained uncorrected 45 or more days after notification of noncompliance; or which have exhibited a pattern of noncompliance over that 12-month period, or which involve failure to accurately report noncompliance. The authority shall publish annually, in the largest daily newspaper published in the municipality, a list of the dischargers which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.
(k) Right of Appeal. Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the authority on any matter covered by this subchapter and shall be entitled to a prompt written reply. In the event that the inquiry is by a discharger and deals with matters of performance or compliance with this subchapter for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger's request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this subchapter may be taken in accordance with local and state law.
(l) Operating Upsets.
(1) Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this subchapter shall inform the authority thereof immediately after becoming aware of the commencement of the upset. Where the information is given orally, a written follow-up report thereof shall be filed by the discharger with the authority within five days. The report shall specify the following.
A Description of the upset, the cause thereof, and the upset's impact on a discharger's compliance status.
B. Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur.
C. All steps taken or to be taken to reduce, eliminate, and prevent recurrence of an upset or other conditions of noncompliance.
(2) A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the authority against a discharger for any noncompliance with the subchapter which arises out of violations alleged to have occurred during the period of the upset.
(Ord. 7-19. Passed 2-19-19.)