(A) General.
(1) The JSA, through the Executive Director or his or her designee, to ensure compliance with this subchapter, and as permitted through 40 C.F.R. subchapter N, and 401 KAR 5:055, may take the following enforcement steps against users in noncompliance with the ordinance. The remedies available to the JSA include injunctive relief, civil and criminal penalties, immediate discontinuance of wastewater treatment service, and the publishing of the list of significant violators annually.
(2) The JSA may suspend wastewater treatment service and/or a discharge permit when such suspension is necessary, in the opinion of the Executive Director or his or her designee, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW, or causes the JSA to violate any condition of its KPDES permit.
(3) Any user notified of a suspension of the wastewater treatment service and/or the discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the JSA shall take such: steps as deemed necessary including immediate severance of the sewer connection to prevent or minimize damage to the POTW system or endangerment to any individuals. The JSA shall reinstate the discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Executive Director or his or her designee within 15 days of the date of occurrence.
(B) Notice of violation. Any user found to be violating any provisions of this subchapter, any permit, or any order issued hereunder, shall be served by the JSA with written notice stating the nature of the violation(s). The NOV requires the user to evaluate and explain the cause of the violation, states actions to be taken to achieve compliance, and required steps to be taken to ensure the violation will not reoccur. The NOV requires the user to return to compliance and may state conditions or requirements for achieving compliance. The NOV may also state deadlines for a response demonstrating compliance has been achieved. Within ten 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 Executive Director or his or her designee. Submission of this plan in no way relieves the user of potential liability for any violation occurring before or after receipt of the notice of violation.
(C) Show cause hearing.
(1) The Executive Director or his or her designee may issue to any user who causes or contributes to violations of this subchapter, any permit or any order issued hereunder, an order to appear and show cause why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of the hearing, the proposed enforcement action, the reasons for such proposed action and directing the user to show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of the user. Whether or not a duly notified user or its representative appears, immediate enforcement action may be pursued.
(2) The JSA may, itself, conduct the hearing and take the evidence, or designate a representative to:
(a) Issue, in the name of the JSA notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing;
(b) Take the evidence; and
(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the JSA for action thereon.
(3) At any hearing held pursuant to this subchapter, testimony taken must be under oath and recorded by a stenographer. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
(4) After the JSA has reviewed the evidence, it may issue an order as set forth below. Further orders and directives as are necessary and appropriate may be issued.
(D) Administrative orders. An administrative order may take any of the following three forms.
(1) Consent orders. A negotiated settlement between the JSA and a user found to be in noncompliance with this subchapter. The consent order differs from the other forms of administrative orders in that the signatures of both the JSA and user representative are required. The consent order may also contain a compliance schedule (general reporting requirement, compliance schedule) for meeting progress milestones dates and possibly fines or remedial actions.
(2) Show cause orders. An order to direct the user to appear before the JSA, explain its noncompliance, and show cause why more severe enforcement actions against the user should not be taken. Show cause maybe used in circumstances where previous enforcement actions have failed to resolve the noncompliance. This could lead to further enforcement actions.
(3) Cease and desist orders. When the Executive Director finds that a user has violated or continues to violate this subchapter or any permit or order issued hereunder, the Executive Director or his or her designee may issue an order to cease and desist all such violations and direct those persons in noncompliance to: comply forthwith; or take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(E) Emergency suspension.
(1) Notwithstanding the foregoing, the JSA may suspend wastewater treatment service and/or any permit immediately whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing any of the following conditions:
(a) An imminent or substantial endangerment to the health or welfare of persons or the environment;
(b) An interference or pass-through; and/or
(c) A violation of any condition of the JSA’s KPDES permit.
(2) Any user notified of a suspension of wastewater treatment service and/or any permit shall immediately stop or eliminate its contribution. A hearing will be held within 15 days of the notice of suspension to determine whether the suspension maybe lifted or the user’s permit terminated. In the event of a failure of the user to comply voluntarily with the suspension order, the JSA shall take such steps as deemed necessary, including immediate severance of the sewer’s connection, to prevent or minimize damage to the sewer system or endangerment to any individuals. The JSA shall reinstate the wastewater treatment service and permit upon proof of the elimination of the noncompliance.
(3) Prior to the hearing described in division (E)(2) above, the user shall submit, to the Executive Director or his or her designee, a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.
(F) Additional enforcement remedies.
(1) Judicial remedies. If any person discharges sewage, industrial wastes or other wastes into the JSA’s sewer system contrary to the provisions of this subchapter or any order or permit issued hereunder, the JSA may commence an action for appropriate legal and/or equitable relief in the appropriate court of this jurisdiction.
(2) Injunctive relief. If any person discharges any waste or wastewater into the JSA’s sewer system contrary to the provisions of this subchapter or any order or permit issued hereunder, the JSA 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.
(Ord. 2012-6, passed 1-28-2013)