(A) Injunctive relief. When the Pretreatment Coordinator finds that a user has violated, or continues to violate, any provision of this subchapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Pretreatment Coordinator may petition the appropriate court, through the Pretreatment Coordinator’s attorney, for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this subchapter on activities of the user. The Pretreatment Coordinator may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(B) Civil penalties.
(1) A user who has violated, or continues to violate, any provision of this subchapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $1,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) The city 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.
(3) 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.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(C) Criminal prosecution.
(1) A user who violates any provision of this subchapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $2,000 per violation, per day.
(2) A user who negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to the same penalties described in § 51.020(C)(1). This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) A user who makes any false statements, representations, or certifications in any application, subchapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or renders inaccurate any monitoring device or method required under this subchapter shall, upon conviction, be subject to the same penalties described in § 51.020(C)(1).
(4) Criminal responsibility. A culpable mental state is not required to prove an offense under this subchapter. A person is criminally responsible for a violation of this subchapter if:
(a) The person commits or assists in the commission of a violation, or causes or permits another person to commit a violation; or
(D) Remedies nonexclusive. The remedies provided for in this subchapter are not exclusive. The Pretreatment Coordinator 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 enforcement response plan. However, the Pretreatment Coordinator may take other action against any user when the circumstances warrant. Further, the Pretreatment Coordinator is empowered to take more than one enforcement action against any noncompliant user.
(E) Applicability of more stringent regulations.
(1) If national pretreatment standards, categorical or otherwise, more stringent than the discharge limits prescribed in this article are promulgated by the United States Environmental Protection Agency for certain industries, the more stringent national pretreatment standards will apply to the affected industrial user. A violation of the more stringent national pretreatment standards will also be considered a violation of this subchapter.
(2) Applicability of more stringent discharge limits. An industrial user within the city who discharges industrial waste ultimately received and treated by another governmental entity pursuant to a wholesale wastewater contract or a reciprocal agreement with the city is subject to the following additional rules:
(a) If the governmental entity has more stringent discharge limits than those prescribed by this subchapter, or by a discharge permit issued hereunder, because the United States Environmental Protection Agency requires the more stringent discharge limits as part of the governmental entity's wastewater pretreatment program, the more stringent discharge limits shall prevail.
(b) The Pretreatment Coordinator is authorized to issue a discharge permit to an industrial user affected by subsection (a), to insure notice of and compliance with the more stringent discharge limits. If the industrial user already has a discharge permit, the Pretreatment Coordinator may amend the permit to apply and enforce the more stringent discharge limits. An industrial user shall submit to the Pretreatment Coordinator an expected compliance date and an installation schedule if the more stringent discharge limits necessitate technological or mechanical adjustments to discharge facilities or plant processes.
(c) If the Pretreatment Coordinator chooses not to issue or amend a permit under subsection (b), the Pretreatment Coordinator shall notify the affected industrial user in writing of the more stringent discharge limits and their effective date. Regardless of whether or not a permit is issued or amended, an industrial user shall be given a reasonable opportunity to comply with the more stringent discharge limits.
(d) The more stringent discharge limits cease to apply upon termination of the city's wholesale wastewater contract or reciprocal agreement with the governmental entity, or upon modification or elimination of the limits by the government entity or the United States Environmental Protection Agency. The Pretreatment Coordinator shall take the appropriate action to notify the affected industrial user of an occurrence under this subsection.
(3) Variances in compliance dates. The Pretreatment Coordinator may grant a variance in compliance dates to an industry when, in the Pretreatment Coordinator's opinion, such action is necessary to achieve pretreatment or corrective measures. In no case shall the Pretreatment Coordinator grant a variance in compliance dates to an industry affected by national categorical pretreatment standards beyond the compliance dates established by the United States Environmental Protection Agency.
(4) Authority to regulate. The Pretreatment Coordinator may establish regulations, not in conflict with this subchapter or other laws, to control the disposal and discharge of industrial waste into the wastewater system, and to insure compliance of the city’s pretreatment enforcement program with all applicable pretreatment regulations promulgated by the United States Environmental Protection Agency. The regulations established shall, where applicable, be made part of any discharge permit issued to an industrial user by the Pretreatment Coordinator.
(Ord. 1424, passed 4-28-03; Am. Ord. OR-2047-17, passed 4-24-17)