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(A) When the Board finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement, a fine may be assessed in accordance with Board policy. The amount of the fine may be determined on an individual basis at the Board's discretion and in an amount not to exceed the maximum fine allowed under state law. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. Administrative fines are punitive in nature and are assessed to recapture the full or partial economic benefit of noncompliance and to deter future violations.
(B) Unpaid charges, fines, and penalties shall be assessed in accordance with current Board policy. A lien against the user's property shall be sought for unpaid charges, fines, and penalties.
(C) Users desiring to dispute such fines must file a written request for the Board to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Board may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Board may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 9-2016, passed 6-7-2016)
(A) The Board may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangermentto the health or welfare of persons. The Board may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
(1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Board may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Board may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Board that the period of endangerment has passed, unless the termination proceedings in § 52.176 are initiated against the user.
(2) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Board prior to the date of any show cause or termination hearing under §§ 52.172 or 52.176.
(B) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ord. 9-2016, passed 6-7-2016)
(A) In addition to the provisions in § 52.085, any user who violates the following conditions is subject to discharge termination:
(1) Violation of wastewater discharge permit or other control document conditions;
(2) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(4) Refusal of reasonable access to the user's premises for. the purpose of inspection, monitoring, or sampling; or
(6) Failure to comply with administrative enforcement remedies in this chapter.
(B) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 52.172 why the proposed action should not be taken. Exercise of this option by the Board shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 9-2016, passed 6-7-2016)
(A) Any user affected by any decision, action or determination, including cease and desist orders, made by the Board, interpreting or implementing the provisions of this section or in any authorization issued herein, may file with the Board a written request for reconsideration within ten days of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration.
(B) If the ruling made by the Board is unsatisfactory to the person requesting reconsideration, he or she may, within ten days after notification of Board action, file a written appeal to the Board. The written appeal shall be heard by the Board within 30 days from the date of filing. The Board shall make a final ruling on the appeal within ten days of the close of the meeting. The Board's decision, action, or determination shall remain in effect during that period of reconsideration.
(Ord. 9-2016, passed 6-7-2016)
JUDICIAL ENFORCEMENT REMEDIES
When the Board finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement, the Board may petition the Grant Circuit or Superior Court, Grant County, Indiana through the Board'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 chapter on activities of the user. The Board 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.
(Ord. 9-2016, passed 6-7-2016)
(A) A user who has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the Board for a maximum civil penalty of $2,500 for any first offense, and $7,500 for any second offense 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.
(B) The Board 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 Board.
(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. 9-2016, passed 6-7-2016)
(A) A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement shall be referred to the State of Indiana or the EPA for legal action and, upon conviction, be guilty of a misdemeanor, punishable by the maximum fine or imprisonment, or both, as allowed by EPA or the State of Indiana.
(B) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall be referred to the State of Indiana or EPA for legal action and, upon conviction, be subject to the maximum penalty or be subject to the maximum imprisonment, or both, as allowed by the State of Indiana or EPA. 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 this chapter, wastewater discharge permit, other control document, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall be referred to the State of Indiana or the EPA for legal action and, upon conviction, be punished by the maximum fine or imprisonment, or both, as allowed by EPA or the State of Indiana.
(D) In the event of a second conviction, a user shall be punished by the maximum fine or imprisonment, or both, as allowed by EPA or the State of Indiana.
(Ord. 9-2016, passed 6-7-2016)
The remedies provided for in this chapter are not exclusive. The Board 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 Board's enforcement response plan. However, the Board may take other action against any user when the circumstances warrant. Further, the Board is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 9-2016, passed 6-7-2016)
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