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All actions by the Water Pollution Control Board carried out in the enforcement of these rules and regulations are subject to appeal to the Water Pollution Appeal Board as established in Sub-Chapter 913.950 of the Division of Water Pollution Control Rules and Regulations.
(Ord. 30-14. Passed 3-3-14.)
(a) Any industrial user which experiences an upset in operations or other conditions which place the industrial user in a temporary state of noncompliance with these rules and regulations or a wastewater discharge permit issued pursuant hereto shall inform the Director hereof within twenty-four 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 industrial user with the Director within five days. The report shall specify:
(1) Description of the upset the cause thereof and the upset's impact on industrial user's compliance status;
(2) Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur.
(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
(b) A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the City against a industrial user for any noncompliance with these rules and regulations or with any wastewater discharge permit issued pursuant hereto which arises out of violations alleged to have occurred during the period of the upset.
(c) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset; and
(2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures.
(d) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(e) Users shall have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with categorical Pretreatment Standards.
(f) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(g) A user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the general prohibitions in Section 915.100(A) of these rules and regulations or the specific prohibitions in Section 915.100(B)(c) through (s) of these regulations if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:
(1) A Local Limit exists for each pollutant discharged and the user was in compliance with each limit directly prior to, and during, the pass through or interference; or
(2) No Local Limit exists, but the discharge did not change substantially in nature or constituents from the user's prior discharge when the City was regularly in compliance with its NPDES permit, and in the case of interference, was in compliance with applicable sludge use or disposal requirements. (Ord. 30-14. Passed 3-3-14.)
PENALTIES, COSTS AND DAMAGES
(a) Any industrial user who fails to comply with any provision of this chapter or with any wastewater discharge permit issued pursuant hereto shall be subject to a maximum administrative fee as follows:
2014 Fee | |
First violation in a six month period | $250.00 |
Second violation in a six month period | $500.00 |
All other violations in a six month period | $2,500.00 per violation |
The Water Pollution Control Board may periodically review and amend fees as necessary.
(b) Such notice shall be delivered to the industrial user personally or by certified mail, return receipt requested as part of a proposed enforcement action pursuant to Section 915.402 or 915.403. For the purposes of these administrative fines, each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. The industrial user shall appeal any fees or fines imposed to the Water Pollution Control Board as described in Section 915.406 within thirty days. Upon receipt of said appeal the Board shall hold a hearing consistent with Section 915.403.
(c) Issuance of administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 30-14. Passed 3-3-14.)
(a) In addition to civil, administrative or criminal fines or penalties, any industrial user who violates any of the provisions of these rules and regulations, or any wastewater discharge permit or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the City's POTW shall be liable to the City for any expense, loss or damage caused by such violation or discharge. The City, by and through its Chairman of the Water Pollution Control Board or other duly authorized representative, shall bill the industrial user for the costs incurred by the City for:
(1) Any investigation, sampling, cleaning, repair, or replacement work, legal fees, or other costs incurred as a result of the violation or discharge; and-
(2) Any and all penalties and/or fines imposed upon and/or required to be paid by the City as the result of its inability to comply with its NPDES permit and/or any other disposal system permits as the result of the industrial user's failure to comply with these rules and regulations, any wastewater permit, and/or any final administrative order or emergency suspension notice of the City.
(b) Refusal to pay the assessed costs shall constitute a violation of these rules and regulations, enforceable under the provisions of this Sub-Chapter and Sub-Chapter 915.400.
(Ord. 30-14. Passed 3-3-14.)
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to these rules and regulations, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these rules and regulations, shall, upon conviction, be guilty of a first degree misdemeanor.
(Ord. 30-14. Passed 3-3-14.)
(a) Any person or industrial user who violates any Section of these rules and regulations or any wastewater discharge permit or any final administrative order or emergency suspension notice of the City issued pursuant to these rules and regulations shall be subject to civil penalties. The City, upon commencement of civil proceedings against any industrial user shall seek any and all appropriate legal and equitable relief against said industrial user including, without limitation, civil penalties of one thousand dollars ($1,000) per day for each day the industrial user violates or continues to violate any provisions of these rules and regulations or any wastewater discharge permit, or any final administrative order or emergency suspension notice issued by the City pursuant to these rules and regulations.
(b) The Director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
(c) In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the User's violation, corrective actions by the User, the compliance history of the User, and any other factor as justice requires.
(d) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Ord. 30-14. Passed 3-3-14.)
(a) Any person or industrial user who willfully or negligently violates any Section of these rules and regulations or who discharges or causes a discharge into the City's POTW without first securing a wastewater discharge permit or who violates Section 915.503, shall, upon conviction, be guilty of a first degree misdemeanor. Such criminal proceedings shall be brought in the appropriate local court by the Law Director for the City or by the Prosecutor having jurisdiction thereover following the authorization of such action by the City.
(b) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a first degree misdemeanor and be subject to a penalty of at least one thousand ($1,000) dollars, or be subject to imprisonment for not more than six (6) months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under State law.
(c) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to these rules and regulations, individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these rules and regulations shall, upon conviction, be guilty of a first degree misdemeanor and be punished by a fine of not more than one thousand ($1,000) dollars per violation, per day, or imprisonment for not more than six (6) months, or both.
(d) In the event of a second conviction, a user shall be punished by a fine of not more than one thousand ($1,000) dollars per violation, per day, or imprisonment for not more than six (6) months, or both. (Ord. 30-14. Passed 3-3-14.)
The remedies provided for in these rules and regulations are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the Director may take other action against any User when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant user. (Ord. 30-14. Passed 3-3-14.)
MISCELLANEOUS
The City reserves the right to amend these rules and regulations to provide for more stringent limitations or requirements on discharges to the City's POTW where deemed necessary to comply with the objectives set forth in Section 915.004 or to assure compliance by the City with applicable laws and regulations.
(Ord. 30-14. Passed 3-3-14.)
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