915.802 INSPECTION AND SAMPLING.

   Designated Inspectors shall inspect the facilities and the process and operation records of any user to determine compliance with the requirements of these regulations. The user shall allow the Inspector or its representatives, upon presentation of credentials of identification, access to all process and operation documents and to enter upon the premises of the user at all reasonable hours for the purposes of inspection, sampling, or records examination. Reasonable hours, at a minimum, shall include any time an industrial user has employees on the premises. The Inspector shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance, monitoring and/or metering operations. The Inspector shall at all times, have free access to the premises, process and operation records of any user, and free access to the premises and process operation records of any person reasonably believed by the Inspector to be a user or possible user, for the purpose of inspecting, sampling or testing the discharge emanating therefrom, or any discharge which may emanate therefrom in order to determine whether such discharges, or potential discharge, is acceptable or unacceptable to the City. (Ord. 30-14. Passed 3-3-14.)

915.803 MANIFEST AND RECORD RETENTION.

   All vendors subject to these rules and regulations shall retain and preserve for no less than three (3) years any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of an industrial user in connection with its discharge. All records which pertain to matters which are brought by the City pursuant hereto shall be retained and preserved by the industrial user until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.

(Ord. 30-14. Passed 3-3-14.)

915.804 FALSIFYING INFORMATION.

   Any person who knowingly makes any false statement, representation or certification in any application, record, 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.)

915.805 ADMINISTRATIVE FEES.

   (a)   Any vendor who fails to comply with any provision of this chapter shall be subject to a maximum administrative fee as follows:

 

	2014 Fee
First violation within a six-month period	$100.00 per violation
Second violation within a six-month period	$250.00 per violation
The Water Pollution Control Board may periodically review and amend fees as necessary.

 

   (b)    Such notice shall be delivered to the vendor personally or by certified mail, return receipt requested, as part of a proposed enforcement action pursuant to Section 915.402 or Section 915.403. For 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. (Ord. 30-14. Passed 3-3-14.)

915.806 RECOVERY OF COSTS INCURRED BY CITY.

   (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 Collection System or 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 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 other disposal system permits as the result of the 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.)

915.807 PAYMENTS OF FEES, COSTS OR PENALTIES.

   All payments of fees, costs, or penalties resulting from the enforcement of this chapter shall be collected by the Billing Department and paid to the Utilities Department.

(Ord. 30-14. Passed 3-3-14.)