(A) Written Notice.
(1) Any user found to be violating any provision of this chapter or a permit or order issued hereunder, shall be served by the General Superintendent or his designee with written notice stating the nature of the violation. The user shall permanently remedy all violations upon receipt of this notice.
(2) As contained in §§ 52.90 - 52.95, the notice may be of several forms. Also as contained in § 52.95, penalties of various forms may be levied against users for violations of this chapter. The penalties, if levied, shall range from publication of violators in the local newspaper to administrative fines of up to ten thousand ($10,000.00) dollars per day per violation.
(B) Revocation of Permit.
(1) Any user violating any of the provisions of this chapter or a permit or order issued hereunder, may be subject to termination of its authority to discharge sewage into the municipal sewer system. Termination may be immediate if necessary for the protection of the POTW. The user may also have water service terminated.
(2) Any user who violates the following conditions of this chapter, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of this chapter:
(a) Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
(b) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(c) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; and/or,
(d) Violation(s) of conditions of the industrial user permit.
(3) Any user whose permit has been revoked shall immediately stop all discharge(s) of any water-borne wastes covered by the permit to any public sewer that is tributary to the sanitary sewer system of the city. The General Superintendent may disconnect or permanently block from the sewer the connection sewer of any user whose permit has been revoked if such action is necessary, in the option of the General Superintendent, to insure compliance with the order of revocation.
(4) Before any further discharge of wastewater may be made by the user, a new permit must be applied for and all charges that would be required upon initial application together with all delinquent fees, charges and penalties and such other sums as the user may owe to the city must be paid in full. Costs incurred by the city in revoking the permit and disconnecting the connection sewer shall be paid for by the user before issuance of a new permit authorizing discharge.
(C) Liability. Any user violating any of the provisions of this chapter, a permit or other order issued hereunder shall become liable to the city and the Morehead Utility Plant Board for any expense, loss or damage occasioned by the city by reason of such violation. This civil liability is as provided by state and federal regulations.
(D) Destruction of POTW. No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is part of the POTW. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct. It shall be noted that the Clean Water Act does not require proof of specific intent to obtain conviction.
(E) Legal Action. If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state Pretreatment Requirements, or any order of the city, the Morehead Utility Plant Board may commence an action for appropriate legal and/or equitable relief in the appropriate Court of this jurisdiction.
(F) Injunctive Relief. Whenever an industrial user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the General Superintendent, 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 industrial user.
(G) Civil Penalties.
(1) Any user who is found to meet the definition of significant noncompliance or violates this chapter or any order or permit issued hereunder, shall be liable to the General Superintendent for a civil penalty of not more than ten thousand ($10,000.00) per day plus actual damages incurred by the POTW per violation per day for as long as the violation or significant noncompliance continues. Each day in which a violation shall continue shall be deemed a separate offense. In addition to the above described penalty and damages, the General Superintendent may recover reasonable attorney's fees, court costs, court reporter's fees, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(2) The General Superintendent may 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 harm 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.
(H) Criminal Prosecution.
(1) Any user who willfully or negligently violates any provision of this chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed ten thousand ($10,000.00) dollars per violation per day or imprisonment for not more than one (1) year or both.
(2) In the event of a second conviction, the user shall be punishable by a fine not to exceed twenty-five thousand ($25,000.00) dollars per violation per day or imprisonment for not more than three (3) years or both.
(I) Misrepresentation and/or Falsifying Documents. Any user who knowingly and/or negligently makes any false statements, representations or certification of any application, record, report, plan or other document filed or required pursuant to this chapter or industrial user permit or who falsifies, tampers with, or knowingly and/or negligently renders inaccurate any monitoring device or method required under this chapter, shall be punished by a fine of at least one thousand ($1,000.00) dollars or by imprisonment for not more than twelve (12) months or by both.
(Ord. 14:95, passed 5-25-95; Am. Ord. 5:96, passed 3-12-96)