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The Chairman of the Water Pollution Control Board may revoke the permit or seek to terminate the wastewater treatment services to any industrial user which, in addition to the provisions in Section 915.301(k), fails to:
(a) Report the wastewater constituents and characteristics of its discharge;
(b) Report significant changes in operations or wastewater volume, constituents or characteristics prior to discharge;
(c) Allow reasonable access to the industrial user's premises or records by representatives of the Director for the purpose of inspection or monitoring as required in Section 915.308; or
(d) Comply with the conditions of its wastewater discharge permit, or these rules and regulations, or any final administrative or judicial order entered with respect thereto.
When the Director finds that a user has violated, or continues to violate, any provision of these rules and regulations, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Director may serve upon that user a written Notice of Violation. Within ten (10) days of the receipt of such 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 Director. Submission of such a 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 Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. (Ord. 30-14. Passed 3-3-14.)
Where the violation of any requirement of these regulations is not corrected by timely compliance, voluntarily or by means pursuant to Section 915.400, the Chairman of the Water Pollution Control Board may order the industrial user to show cause before the Board as defined in Section 913.900 of the Division of Water Pollution Control Rules and Regulations why an enforcement action should not be taken. A written notice shall be served on the industrial user by personal service, or certified mail, return receipt requested, specifying the time and place of the hearing to be held regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the industrial user to show cause why the proposed enforcement action shou1d not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer, or authorized representative of an industrial user. All evidence presented and testimony taken must be under oath and recorded. The recording shall be made available upon request by the industrial user or any member of the public upon payment of the usual charges for transcribing the recording. The evidence presented at the hearing shall be considered by the Board, who shall then enter appropriate orders with respect to the alleged improper activities of the industrial user. Appeal of such orders may be taken by the industrial user in accordance with Section 915.407. If no such appeal is taken, the City may seek enforcement of its order by judicial proceeding as herein provided. A show cause hearing shall not be bar against, or prerequisite for, taking any other action against the user. (Ord. 30-14. Passed 3-3-14.)
The Law Director or other du1y authorized attorney for the City may commence civil proceedings in the appropriate local court seeking appropriate legal and/or equitable relief against any industrial user who fails to comply with any final administrative order issued pursuant to either Section 915.403 or with any suspension notice issued by the City pursuant to Section 915.400. Such relief may include civil penalties, judgment for damages, penalties, expenses and/or costs incurred by or charged to the City by or as a resu1t of any and all acts and/or omissions of the industrial user as required, prohibited or governed by these rules and regulations, and injunctive relief, whether temporary or permanent, to suspend or terminate the activities and/or operations of the industrial user as may be necessary for the City to enforce the provisions of these rules and regulations. The City Law Director or the prosecutor having jurisdiction there over may commence criminal proceedings in the appropriate local court upon authorization from the City. (Ord. 30-14. Passed 3-3-14.)
At least annually, the City shall publish, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of all industrial users which at any time during the previous twelve (12) months were in significant noncompliance with applicable pretreatment requirements. For the purposes of this provision, an industrial user is in significant noncompliance if its violations meet the criteria in paragraph 915.405(c), (d), or (h) of this rule. A significant industrial user is in significant noncompliance if it meets one or moreany of the following criteria:
(a) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken for the same pollutant parameter at any permitted monitoring point during a six- (6-)month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits as define in Section 915.010, for the same pollutant parameter;
(b) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken for the same pollutant parameter at any permitted monitoring point during a six- (6-)month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits as defined by Section 915.010, multiplied by the applicable TRC (TRC= 1.4 for BOD, TSS; fats, oil and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation of a pretreatment effluent limit (daily maximum, longer term average, instantaneous limit, or narrative standard) that the City 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);
(d) Any discharge of a pollutant that has caused imminent endangerment of human health, welfare or to the environment or has resulted in the POTW's exercise of emergency authority to halt or prevent such a discharge;
(e) Failure to meet, within ninety (90) days after the schedule dates, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide, within fort-five (45) days after the due date, required reports such as baseline monitoring reports, ninety day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(g) Failure to accurately report noncompliance;
(h) Any other violation or group of violations, which may include violation of Best Management Practices, which the City determines will or has adversely affected the operation or implementation of the City's pretreatment program.
(Ord. 30-14. Passed 3-3-14.)
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