The Utilities Director shall have a duty to inform City Council of enforcement activities by forwarding a copy of enforcement correspondence to the Chairman of the Services Committee. Council's approval is not required before the Utilities Director initiates enforcement.
Administrative enforcement by the City shall not preclude the City from seeking judicial enforcement remedies, nor shall it relieve the user of liability under State or national administrative enforcement procedures or judicial remedies.
(a) Emergency Suspension. The Utilities Director may suspend the wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the Utilities Director, 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; which causes or may cause interference to the POTW; or which causes or may cause the City to violate any condition of its NPDES permit.
(1) Any person notified of a suspension of the wastewater treatment service and/or discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Utilities Director shall take such steps 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.
(2) A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the City within five days of the date of the occurrence.
(3) The Utilities Director may reinstate the discharge permit and/or sewer service upon proof of the elimination of the non-complying discharge or may at any time initiate proceedings to permanently revoke wastewater treatment service and/or the discharge permit.
(b) Revocation of Permit. Any user who violates the following conditions of this chapter or a discharge permit, or applicable State and/or federal regulation, is subject to having his permit revoked.
(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 purposes of inspection or monitoring; or
(4) Violation of conditions of his wastewater discharge permit.
Noncompliant users shall be notified of the proposed termination and given an opportunity to request a show cause hearing.
(c) Notification of Violation (NOV). Whenever the City Utilities Director finds that any user has violated or is violating this chapter, his wastewater discharge permit, or any prohibition, limitation or requirements contained in this chapter, the City Utilities Director may serve upon such person a written notice stating the nature of the violation. Within ten days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Utilities Director by the user. Submission of this plan in no way relieves the user of liability of any violation occurring before or after receipt of the NOV. If the NOV is for exceedance of an effluent limit, the user shall, within ten days following receipt of the NOV resample their discharge and submit the results to the Utilities Director.
(d) Show Cause Hearing. The Utilities Director may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause why a proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of the hearing, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause 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. Whether or not a duly notified user appears as noticed, immediate enforcement action may be pursued.
(e) Consent Orders. The Utilities Director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order.
(f) Compliance Order. When the Utilities Director finds that a user has violated or continues to violate this chapter or a permit or order issued hereunder, he may issue an order to the user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices.
(g) Cease and Desist Orders. When the Utilities Director finds that a user has violated or continues to violate this chapter or any permit or order issued hereunder, the Utilities Director may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
(1) Comply forthwith.
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(Ord. 106-94. Passed 10-3-94.)
(h) Administrative Fees. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, or permits or orders issued hereunder, shall be fined in an amount of not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000) per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user’s next scheduled sewer service charge and the Utilities Director shall have such other collection remedies as he has to collect other service charges. Unpaid charges, fines, and penalties shall constitute a lien against the individual user’s property. Users desiring to dispute such fines must file a request for the Utilities Director to reconsider the fine within ten days of being notified of the fine. Where the Utilities Director believes a request has merit, he shall convene a hearing on the matter within fifteen days of receiving the request from the industrial user.
(Ord. 98-98. Passed 9-21-98.)