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A. User Prohibited Conduct: A user shall not: 1) fail to report accurately the wastewater constituents and characteristics of its discharge; 2) fail to report significant changes in wastewater constituents or characteristics; 3) refuse reasonable access to the user's premises by representatives of the city for the purpose of inspection or monitoring; or 4) violate any state or federal pretreatment regulation, the provisions of the indirect discharge permit, the provisions of this chapter or any order of the city with respect thereto. The city may seek any or all of the remedies or penalties provided in this chapter (including termination of wastewater treatment service) against any user that violates any of the foregoing prohibitions. The city reserves the right, however, to take other action against any user when the circumstances warrant. Further, the city of Horseshoe Bend is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. Issuance of a compliance order, administrative fines, penalties, and/or cease and desist orders shall not be a bar against, or prerequisite for, taking any other action against a noncompliant user.
B. Notification Of Violation; Administrative Adjustment: Whenever the city finds that any user has violated the prohibitions in subsection A of this section, the city shall cause to be served upon such user a written notice either in person or by certified or registered mail, return receipt requested, stating the nature of the alleged violation or violations. The notice may also state what fine, penalty or other remedy the city will seek against the user for such alleged violation or violations. Within twenty (20) days of the date of receipt of the notice, the user shall respond personally or in writing to the city advising of its position with respect to the allegations. Thereafter, the user shall be given the opportunity to meet with representatives, employees or agents of the city to discuss the veracity of the allegations, to establish a plan for the satisfactory correction of the violations and preclusion of a recurrence thereof, and to pay the fine or otherwise comply with the penalty or remedy being sought by the city for the violation or violations. Submission of a response in no way relieves the user of liability for any violations occurring before or after receipt of written notice of noncompliance from the city. 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.
C. Recovery Of Costs Incurred By The City: Any user that violates any of the provisions of this chapter or that discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the city's wastewater disposal system shall be liable to the city for any expense, loss or damage caused by such violation or discharge. The city shall charge the user for the cost incurred by the city for any monitoring, surveillance, cleaning, repair or replacement work caused by the violation or discharge, and for costs incurred by the city in investigating the violation and in enforcing this chapter against the user including reasonable administrative costs, inspection fees, fees for testing, attorney fees, court costs and all expenses of litigation. Refusal to pay the assessed costs shall constitute a violation of this chapter, enforceable under the provisions of this section and section 7-4-24 of this chapter.
D. Show Cause Hearing: Where the violation of subsection A of this section is not corrected by timely compliance through the administrative adjustment procedure set forth in subsection B of this section, the city may order any user that suffers or permits a violation of subsection A of this section, to show cause before Horseshoe Bend city council why the proposed enforcement action (which may include suspension of service) should not be taken. A written notice shall be served on the user by personal service or by certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the Horseshoe Bend city council regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action and directing the user to show cause before the Horseshoe Bend city council why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten (10) days before the hearing. Service of the notice may be made on any agent, officer or authorized representative of a user. The information and evidence presented at the hearing shall be considered by the Horseshoe Bend city council, who shall then enter appropriate findings of fact, conclusions of law, and orders with respect to the alleged violations of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against a noncompliant user.
E. Administrative Fines: When the city finds that a user has violated or continues to violate any provision of this chapter, an indirect discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may fine such user in an amount not to exceed one thousand dollars ($1,000.00). 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 may be assessed for each day during the period of violation. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
F. Administrative Orders Consent, Compliance, And Cease And Desist:
1. 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. Such documents shall have the same force and effect as the administrative orders issued pursuant to subsection F2 of this section and shall be judicially enforceable. Use of a consent order shall not be a bar against, or prerequisite for, taking any other action against the user.
2. 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 may:
a. Issue a compliance order to the user responsible for the discharge directing that the user comes 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; or
b. Issue a cease and desist 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.
3. Issuance of an administrative order shall not be a bar against, or a prerequisite for, taking any other action against the user.
G. Emergency Suspension Of Service And Revocation Of Indirect Discharge Permit: The city may, after informal notice to the user in writing, revoke the indirect discharge permit and order the suspension of the wastewater treatment service to a user when a user fails to comply with an administrative order issued pursuant to subsection F of this section, or 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 or 2) threatens to interfere with the operation of the POTW.
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 immediately take all necessary steps to halt or prevent any further discharge by such user into the POTW. The city shall have authority to physically cap, block or seal the user's sewer line (whether on public or private property) in order to terminate service under this section. All cost relating thereto shall be borne by the user. The city shall have the right to enter upon the user's property to accomplish the capping, blocking or sealing of the user's sewer line. The city shall reinstate the wastewater treatment service upon clear and convincing proof by the user of the elimination of the noncomplying discharge or condition creating the threat as set forth above.
H. Annual Publication: The city shall publish annually, in a newspaper(s) of general circulation that provides meaningful public notice with the city's jurisdiction, a list of those users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards or other pretreatment requirements. (Ord. 228, 6-10-2009)