(A) The city, through the General Superintendent or his designee, to insure compliance with this chapter, and as permitted through 40 CFR Subchapter N, and 401 KAR 5:057, may take the following enforcement steps against users in non-compliance with the chapter. The remedies available to the POTW include injunctive relief, civil and criminal penalties, immediate discontinuance of discharges and/or water service and the publishing of the list of significant industrial users in significant noncompliance annually. The enforcement authority shall be vested in the General Superintendent or his designee.
(B) The General Superintendent may suspend the wastewater treatment service, an industrial user permit and/or a hauled waste discharge permit when suspension is necessary, in the opinion of the General Superintendent, 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 city to violate any condition of its NPDES/KPDES Permit.
(C) Any user notified of a suspension of wastewater treatment service, its industrial user permit and/or its hauled waste 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 city shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, the collection system and/or endangerment to any individuals. The city shall reinstate the industrial user permit, wastewater treatment service and/or the hauled waste discharge permit upon receiving proof of the elimination of the non-complying 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 city within fifteen (15) days of the date of occurrence.
(D) In the event of termination of service, the significant industrial user shall pay the MUPB for all costs incurred to perform the disconnection and reconnection of service plus fifteen percent (15%) administrative costs prior to the service being restored. If actual costs cannot be determined, the costs shall be estimated by the General Superintendent.
(E) The enforcement actions and remedies provided for in this chapter are not exclusive. The General Manager may take any, all, or combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the MUPB's Enforcement Response Plan. However, the General Manager may take other action against any user when the circumstances warrant. Further, the General Manager is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 14:95, passed 5-25-95; Am. Ord. 5:96, passed 3-12-96; Am. Ord. 02:2012, passed 1-25-12)