(A) The district, to insure compliance with this subchapter, and as permitted through 40 C.F.R. Subchapter N, 401 through 471 and 401 KAR 5:055, Section 9 may take the following enforcement steps against users in noncompliance with this subchapter. The remedies available to the district include injunctive relief, civil and criminal penalties, immediate discontinuance of discharges and/or water service, and the publishing of the list of significant violators annually. The enforcement authority shall be vested in the district and/or the POTW or his or her designee. All violations of requirements of this subchapter must be reviewed and responded to by the district or his or her representative. In general, the district shall notify the industrial user when a violation occurs. For all violations, the district shall receive an explanation and, as appropriate, a plan from the industrial user to correct the violation within a specific time period. If the violation(s) persist or the explanation and/or plan are not adequate, the district’s response shall be more formal; and commitments or schedules, as appropriate, for compliance will be established in an enforceable document. The enforcement response selected will be related to the seriousness of the violation. Enforcement responses will be escalated if compliance is not achieved expeditiously after the initial action. A significant violation will require a formal enforcement action. The full scale of enforcement actions will be detailed in the district’s pretreatment program enforcement response plan.
(B) The district may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the district, 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, to the environment, causes interference to the POTW, or causes the POTW to violate any condition of its NPDES/KPDES permit.
(C) Any user notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the district shall take such steps as deemed necessary including immediate severance of the sewer connection and/or water service to prevent or minimize damage to the POTW system or endangerment to any individuals. The district may reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the district within 15 days of the date of occurrence.
(Ord. 01-07.28.16, passed 7-28-2016)