Skip to code content (skip section selection)
Compare to:
Madisonville Overview
Madisonville, KY Code of Ordinances
MADISONVILLE, KENTUCKY CODE OF ORDINANCES
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
Loading...
§ 52.53 VALIDITY.
   (A)   All ordinances or parts of ordinances in conflict with this chapter are hereby repealed.
   (B)   The invalidity of any section, clause, sentence, or provision of this chapter shall not affect the validity of any part of this chapter which can be given effect without such invalid part or parts.
(Ord. passed 9-2-86)
§ 52.54 ADMINISTRATIVE ENFORCEMENT REMEDIES.
   (A)   Notification of violation. Whenever the Mayor finds that any user has violated or is violating this chapter, or a wastewater permit or order issued hereunder, the Mayor or his agent may serve upon the user written notice of the violation. Within ten (10) days of the receipt date 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 to the Mayor. 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.
   (B)   Consent orders. The Mayor is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to division (D) below.
   (C)   Show cause hearing. The Mayor may order any user which causes or contributes to violation of this chapter or wastewater permit or order issued hereunder, to show cause why a 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 and the reasons for such action, and a request that the user show cause why this 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 ten (10) days prior to the hearing. The notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified user appears as noticed, immediate enforcement action may be pursued.
   (D)   Compliance order. When the Mayor finds that a user has violated or continues to violate this chapter or a permit or order issued hereunder, he may issue an order to the user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
   (E)   Cease and desist orders. When the Mayor finds that a user has violated or continues to violate this chapter or any permit or order issued hereunder, the Mayor may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
      (1)   Comply forthwith.
      (2)   Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
   (F)   Administrative fines. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, any user who is found to have violated any provision of this chapter, or permits and orders issued hereunder, shall be fined in an amount of at least one thousand dollars ($1,000.00) per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the Mayor shall have such other collection remedies as he has to collect other service charges. Unpaid charges, fines, and penalties shall constitute a lien against the individual user's property. Users desiring to dispute such fines must file a request for the mayor to reconsider the fine within ten (10) days of being notified of the fine. When the Mayor believes a request has merit, he shall convene a hearing on the matter within fifteen (15) days of receiving the request from the user.
   (G)   Termination of permit.
      (1)   Users proposing to discharge into the POTW must first obtain a wastewater discharge permit from the control authority. Any user who violates the following conditions of this chapter or a wastewater discharge permit or order, or any applicable or state and federal law, is subject to termination of permits and/or sewer service:
         (a)   Violation of permit conditions.
         (b)   Failure to accurately report the wastewater constituents and characteristics of its discharge.
         (c)   Failure to report significant changes in operations or wastewater constituents and characteristics.
         (d)   Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling.
      (2)   Noncompliant users will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under division (C) above why the proposed action should not be taken.
(Ord. passed 8-19-91)
§ 52.55 JUDICIAL REMEDIES.
   If any person discharges sewage, industrial wastes, or other wastes into the wastewater disposal system contrary to the provisions of this chapter or any order or permit issued hereunder, the Mayor, through the City Attorney, may commence an action for appropriate legal and/or equitable relief in the Circuit Court of Hopkins County, Kentucky.
   (A)   Injunctive relief. Whenever a user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the Mayor, through counsel, may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the user. The Mayor shall have such remedies to collect these fees as it has to collect other sewer service charges.
   (B)   Civil penalties. Any user who has violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the Mayor for a civil penalty of not more than twenty five thousand dollars ($25,000.00) but at least one thousand dollars ($1,000.00) plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the Mayor may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses. The Mayor shall petition the court to impose, assess, and recover such sums. In determining amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of hard caused by the violation, the magnitude and duration, 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.
(Ord. passed 8-19-91)
§ 52.99 CIVIL AND CRIMINAL PENALTIES.
   (A)   Any person except an industrial user who shall violate any provision of this chapter shall be guilty of a misdemeanor, and on conviction thereof shall be fined in an amount of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. Any industrial user who shall violate any provision of this chapter shall be fined in the amount of at least one thousand dollars ($1,000.00) for each violation. Each day in which such violation shall continue shall be deemed a separate offense.
   (B)   Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation.
   (C)   The Mayor, as control authority over the city’s pretreatment program, is authorized to implement and enforce program requirements under 40 CFR 403.8. Any person found to be violating any provision of this chapter except § 52.31 shall be served, at the Mayor’s discretion, whatever enforcement option he deems necessary as an initial response. The offender shall, within the period of time stated in such notice, permanently cease all violations.
   (D)   Any user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall be guilty of a misdemeanor and be punished by a fine of at least five hundred dollars ($500.00) per violation or imprisonment for not more than one year or both. Each day shall be considered a separate violation.
(Ord. passed 9-2-86; Am. Ord. passed 3-20-89; Am. Ord. passed 8-19-91; Am. Ord. 2014-01, passed 1-6-14)