(a) Definitions. As used in this section:
(1) "Enforcement action" means enforcement of this chapter against industrial users (IUs) who have violated the IU permit or this chapter by discharging quantities of industrial waste that is detrimental to the collection system or POTW.
(2) "Industrial user (IU)" means any industrial or commercial establishment or manufacturing or processing facility that discharges industrial waste to the POTW.
(3) "Industrial user permit" means a permit issued to an IU to discharge industrial waste into any sanitary sewer, as issued by the City. The permit will have limits set for any permitted IU, as set forth in this chapter.
(4) "Notice of violation (NOV)" means any notice of discharge of industrial waste, from the Public Service Director, that violates an IU permit or these Codified Ordinances and that causes system problems to the collection system or the POTW, as issued under this chapter.
(b) Authority of the Director. The Director shall administer the enforcement of this chapter, with approval of the Board of Public Utilities. The Director will decide the enforcement action required for all IUs who have violated their permit or this chapter.
(1) An NOV shall be sent to an IU violator who has not complied with its permit or this chapter or who has not taken corrective action. Within ten working days of the NOV, as dated, the IU must respond, in writing, to the Director outlining any action to correct the violation. Any noncomplying IU who has violated its permit or this chapter will be notified of the alleged violation by letter by certified mail (with return receipt requested), phone call or personal visit. All violations will be kept on record by the Director for not less than seven years.
(2) The Director will issue a decision and/or order, within 15 working days, comprising the facts of violation and orders, for corrective action, if any are determined to be necessary.
(3) The Director and the City POTWs National Pollutant Discharge Elimination System (NPDES) permits will regulate industrial discharge limits for IUs.
(c) Additional Powers of the Director. The Director will have the power and authority to:
(1) Adopt policies and procedures in regulating IU violators of the industrial pretreatment program.
(2) Make decisions based on the facts and/or reasons presented for the violation before rendering enforcement action.
(3) Require IU discharger who allows or causes an unauthorized discharge to enter the collection system and/or POTW shall show cause before the Director why the proposed enforcement action should not be taken.
(4) Terminate IU permits to discharge to the sewer system for any reason, as set forth in this chapter, 40 C.F.R. 403 or the Ohio Administrative Code (OAC Chapter 3745).
(5) Authorize the re-connection of sewer service for IU violators.
(6) Set meeting dates and sessions with staff to understand IU violator facts before any meetings or decisions are made, and hold meetings with the Law Director.
(7) Make sure that the IU violator has the right to appeal (to the appropriate local court) the Director decision and describe the steps for the IU violator to follow, as set forth in this chapter.
(d) Notification of Violation: Administrative Adjustment. Whenever the Director finds that any discharger has engaged in conduct which justifies termination of water service, pursuant to division (e) of this section, the Director shall serve or cause to be served upon such discharger a written notice to the signature official or any agent of the corporation, either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. If the certified mail envelope is returned with an endorsement showing that the envelope was refused or unclaimed, or if, after making a reasonable effort, the City is unable to personally serve the discharger, then the City shall send by ordinary mail written notice stating the nature of the alleged violation upon such discharger, the signature official or any agent of the corporation. Service by regular mail shall be deemed complete when the fact of mailing is noted in the discharger's file. Within 30 days of the date of receipt of the notice, the discharger shall respond, personally or in writing, to the Director, advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and, where necessary, establish a plan for the satisfactory correction thereof.
(e) Show Cause. The Director may order any industrial discharger who causes or allows an unauthorized discharge to enter the POTW to show cause before the Director why the proposed enforcement action should not be taken. A notice shall be served on the industrial discharger specifying regarding the violation, the reasons why the action is to be taken and the proposed enforcement action, and directing the industrial discharger to show cause before the Director in writing within ten days why the proposed enforcement action should not be taken. The notice of Show Cause shall be served personally or by registered or certified mail, return receipt requested. If the certified mail envelope is returned with an endorsement showing that the envelope was refused or unclaimed, or if, after making a reasonable effort, the City is unable to personally serve the discharger, then the City shall send, by ordinary mail, written notice stating the nature of the alleged violation upon such discharger, the signature official or any agent of the corporation. Service by regular mail shall be deemed complete when the fact of mailing is noted in the discharger's file. Service may be made on any agent or officer of a corporation. Further orders and directives as are necessary and appropriate may be issued.
(f) Emergency Suspension or Halting of Service or Discharge Permits. The Director may, for good cause shown, suspend or immediately halt wastewater treatment service and/or a wastewater discharge permit to a discharger when it appears to the Director that an actual or threatened discharge presents or threatens an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interference with the operation of the POTW, or a violation of any pretreatment limits imposed by this chapter. Any discharger notified of the suspension or the halt of the City's wastewater treatment service shall, within a reasonable period of time, as determined by the Director, cease all discharges. In the event of a failure of the discharger to comply voluntarily with the suspension order or the halt order within the specified time, the Director shall commence judicial proceedings immediately thereafter to compel the discharger's compliance with such order. The Director shall reinstate wastewater treatment service and/or a wastewater discharge permit and terminate any judicial proceedings upon proof by the discharger of the elimination of the noncompliant discharge or conditions creating the threat of imminent or substantial danger, as set forth above.
(g) Termination of Services or Revocation of Discharge Permits. The Director may terminate wastewater treatment services or revoke wastewater discharge permits for any discharger:
(1) Who fails to factually report the wastewater constituents and characteristics of its discharge;
(2) Who fails to report significant changes in wastewater constituents or characteristics; or
(3) Who fails to permit reasonable access to the discharger's premises by representatives of the City for the purpose of inspection or monitoring; or
(4) Who violates the provisions of this chapter, including any repeated or continued noncompliance or any final judicial order entered with respect thereto.
(h) Effective Date of Decisions. The decision of the Director will become final five days after such order, unless the Director finds that the immediate effect of such order is necessary for the preservation of the collection system or the POTW and so certifies on the record. The Director order will be hand delivered to the affected IU by the Director or his or her designee. If the IU business is closed, the order will be sent by registered mail, with return receipt requested, and a follow-up by the Director shall be made.
(i) Judicial Proceedings. Following the entry of any order by the City, with respect to the conduct of a discharger contrary to the provisions of this chapter, the Law Director may, following the authorization of such action by the City, commence an action for appropriate legal and/or equitable relief in the appropriate local court.
(j) Annual Publication of List of Noncompliant Industrial Users. The Director shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. The term “Significant Noncompliance” shall be applicable to all significant industrial users (or any other industrial user that violates paragraphs (c), (d) or (h) of Section 1049.05) and shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as defined in Section 1049.06(a)(13);
(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by Section 1049.06(a)(13) multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment standard or requirement as defined by Section 1049.06(A)(13) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Director determines has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent's exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide within 45 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a Violation of best management practices, which the Director determines will adversely affect the operation or implementation of the local pretreatment program.
(9) Any other violation or group of violations which the Director determines will affect or has adversely affected the operation or implementation of the City's pretreatment program.
(k) Right of Appeal. Any industrial discharger shall have the right to appeal to the Board of Public Utilities any ruling by the Director on any matter covered by this chapter. A written response to an appeal will be issued as timely as possible. In the event that an inquiry by an industrial discharger deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of an industrial discharger's appeal shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final administrative order entered pursuant to this chapter may be taken in accordance with local and State law. The appellant may appeal, to the appropriate local court, any decision of the Director, by perfecting such as provided in Ohio R.C. Chapter 2506. The Law Director will represent the Director in judicial proceedings.
(l) Operating Upsets.
(1) Any discharger who experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter shall inform the Director thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the Director within five days. The report shall specify:
A. A description of the upset, the cause thereof and the upset's impact on a discharger's compliance status.
B. The duration of noncompliance, including the exact dates and times of noncompliance and, if the noncompliance continues, the time by which compliance is reasonably expected to occur.
C. All steps taken or to be taken to reduce, eliminate and prevent a recurrence of such upset or other conditions of noncompliance.
(2) A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the City against a discharger for any noncompliance with this chapter which arises out of violations alleged to have occurred during the period of the upset.
(Ord. 180-06. Passed 1-4-07; Ord. 102-11. Passed 2-3-11.)