(A) Notification of violation. The city’s enforcement response plan is based on the United States Environmental Protection Agency’s “Guidance for Developing Control, Authority Enforcement Response Plan” dated September, 1989. The same, or any updated versions of the same, shall be made a part of the general discharge permit issued to the monitored industries that are part of the industrial pretreatment program. Whenever the Superintendent finds that any user has violated, or continues to violate, any provision of this subchapter, an individual wastewater discharger permit or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent or his agent may serve upon said user a written notice of violation. Within 10 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 Superintendent. 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 Superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(B) Consent orders. The Superintendent is hereby empowered to enter into a consent order, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period also specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to divisions (D) and (E) of this section and shall be judicially enforceable.
(C) Show cause hearing. The Superintendent may order any user which has violated, or continues to violate, any provision of this subchapter, an individual wastewater discharge permit, or general permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent 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) a least 14 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in § 51.21 and required by § 51.31(G). Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. 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 Superintendent finds that a user has violated, or continues to violate, any provision of this subchapter, an individual wastewater discharge permit or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within 5 days. If the user does not come into compliance within this time frame, 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 pretreatment standard or requirement, nor does a compliance order release 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.
(E) Cease and desist orders. When the Superintendent finds that a user has violated, or continues to violate, any provision of this subchapter, an individual wastewater discharge permit, or general permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Superintendent may 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 preventing 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) Administrative fines.
(1) When the Superintendent finds that a user has violated, or continues to violate, any provision of this subchapter, an individual wastewater discharge permit, or general permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may fine such user in an amount not to exceed $1,000. 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. Assessments may be added to the user’s next scheduled sewer service charge and the city shall have such other collection remedies as may be available for other service charges and fees.
(2) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 5% of the unpaid balance and interest shall accrue thereafter at the rate of 1% per month. A lien against the user’s property shall be sought for unpaid charges, fines, and penalties.
(3) Users desiring to dispute such fines must file a written request for the Superintendent to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Superintendent shall convene a hearing on the matter within 45 days of receiving the request from the user. In the event the user’s appeal is successful, the payment together with any interest accruing thereto shall be returned to the user. The Superintendent may add the costs of preparing administrative enforcement actions such as notices and orders to the fine.
(4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(G) Emergency suspensions.
(1) The Superintendent may immediately suspend a user’s discharge (after informal notice to the user) whenever such suspension is necessary in order 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 Superintendent 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.
(a) 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 Superintendent shall 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 Superintendent shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in division (H) of this section are initiated against the user.
(b) 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 Superintendent, prior to the date of any show cause or termination hearing under divisions (C) and (H) of this section.
(2) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(H) Termination of discharge.
(1) In addition to those provisions in § 51.32(F), any user who violates the following conditions is subject to discharge termination:
(a) Violation of individual wastewater discharge permit or general permit conditions;
(b) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
(d) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling; or
(2) Such user shall be notified of the proposed termination of its discharge and be offered an opportunity to show cause under division (C) of this section why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 1785, passed 12-9-2002; Am. Ord. 2158, passed 1-26-2009)