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The Operational Manager may order a user which has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Operational Manager 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 21 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in § 56.004 and required by § 56.150. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(Prior Code, § 56.092) (Ord. 2011-52-02, passed 1-12-2015; Ord. 2014-01, passed 1-12-2015; Ord. 24-12, passed 2-12-2024)
When the Operational Manager finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Operational Manager may 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. 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 violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Prior Code, § 56.093) (Ord. 2011-52-02, passed 1-12-2015; Ord. 2014-01, passed 1-12-2015)
When the Operational Manager finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater 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 Operational Manager 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. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Prior Code, § 56.094) (Ord. 2011-52-02, passed 1-12-2015; Ord. 2014-01, passed 1-12-2015)
(A) When the Operational Manager finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Operational Manager may fine such user in an amount not to exceed $1,000 per day that said violation exists. 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 shall be assessed for each day during the period of violation.
(B) Unpaid charges, fines and penalties shall, after 30 calendar days, be assessed an additional penalty of 18% of the unpaid balance, and interest shall accrue thereafter at a rate of 1.5% per month. A lien against the user’s property shall be sought for unpaid charges, fines and penalties. User shall be responsible for, and pay, all attorney fees and court costs incurred in enforcing said penalties or liens.
(C) Users desiring to dispute such fines must file a written request for the Operational Manager to reconsider the fine along with full payment of the fine amount within ten days of being notified of the fine. Where a request has merit, the Operational Manager may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Operational Manager may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Prior Code, § 56.095) (Ord. 2011-52-02, passed 1-12-2015; Ord. 2014-01, passed 1-12-2015)
(A) The Operational Manager 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 Operational Manager 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, an 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 Operational Manager 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 Operational Manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Operational Manager that the period of endangerment has passed, unless the termination proceedings in § 56.157 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 Operational Manager prior to the date of any show cause or termination hearing under §§ 56.152 or 56.157.
(B) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Prior Code, § 56.096) (Ord. 2011-52-02, passed 1-12-2015; Ord. 2014-01, passed 1-12-2015)
(A) In addition to the provisions in this subchapter, entitled “Administrative Enforcement Remedies,” any user who violates the following conditions is subject to discharge termination:
(1) Violation of individual wastewater discharge permit or general 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
(B) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 56.152 why the proposed action should not be taken. Exercise of this option by the Operational Manager shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Prior Code, § 56.097) (Ord. 2011-52-02, passed 1-12-2015; Ord. 2014-01, passed 1-12-2015; Ord. 24-12, passed 2-12-2024)
JUDICIAL ENFORCEMENT REMEDIES
When the Operational Manager finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Operational Manager may petition the Circuit Court, or any other court of competent jurisdiction through the city/IMU’s attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, order or other requirement imposed by this chapter on activities of the user. The Operational Manager 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.
(Prior Code, § 56.105) (Ord. 2011-52-02, passed 1-12-2015; Ord. 2014-01, passed 1-12-2015)
The remedies provided for in this chapter are not exclusive. The Operational Manager may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with IMU’s enforcement response plan. However, the Operational Manager may take other action against any user when the circumstances warrant. Further, the Operational Manager is empowered to take more than one enforcement action against any noncompliant user.
(Prior Code, § 56.108) (Ord. 2011-52-02, passed 1-12-2015; Ord. 2014-01, passed 1-12-2015)
AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS
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