PUBLICATION IF NONCOMPLIANT

§ 9.1 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE.

   The Utilities Manger 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 12 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 divisions (C), (D) or (H) below and shall mean:

   (A)   Chronic violations of wastewater discharge limits, defined here as those in which 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 § 2 of this appendix;

   (B)   Technical review criteria (TRC) violations, defined here as those in which 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 § 2 of this appendix multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);

   (C)   Any other violation of a pretreatment standard or requirement as defined by § 2 of this appendix (daily maximum, long-term average, instantaneous limit, or narrative standard) that the Utilities Manager 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 to the public or to the environment, or has resulted in the Utilities Manager's exercise of its emergency authority to halt or prevent such a discharge;

   (E)   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;

   (F)   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;

   (G)   Failure to accurately report noncompliance; or

   (H)   Any other violation(s), which may include a violation of best management practices, which the Utilities Manager determines will adversely affect the operation or implementation of the local pretreatment program.

(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)

ADMINISTRATIVE ENFORCEMENT REMEDIES

§ 10.1 NOTIFICATION OF VIOLATION.

   When the Utilities Manager finds that a user has violated, or continues to violate, any provision of this appendix, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Utilities Manager may serve upon that user a written notice of violation. Within 30 days of the receipt of this 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 Utilities Manager. Submission of this 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 Utilities Manager to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(Ord 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)

§ 10.2 AGREED ORDERS.

   The Utilities Manager may enter into agreed orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 10.4 and 10.5 of this appendix and shall be judicially enforceable.

(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)

§ 10.3 SHOW CAUSE HEARING.

   The Utilities Manager may order a user which has violated, or continues to violate, any provision of this appendix, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Utilities Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 15 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in § 1.4 of this appendix, and required by § 4.6(A) of this appendix. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)

§ 10.4 COMPLIANCE ORDERS.

   When the Utilities Manager finds that a user has violated, or continues to violate, any provision of this appendix, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Utilities Manager may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. 1998-20, passed 11-17-98; Am. Ord. 2012-19, passed 9-18-12)

§ 10.5 CEASE AND DESIST ORDERS.

   (A)   When the Utilities Manager finds that a user has violated, or continues to violate, any provision of this appendix, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Utilities Manager may issue an order to the user directing it to cease and desist all such violations and directing the user to:

      (1)   Immediately comply with all requirements; and

      (2)   Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

   (B)   Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. 1998-20, passed U-17-98; Am. Ord. 2012-19, passed 9-18-12)