(a) Notification of Violation; Administrative Adjustment.
(1) Whenever the Director finds that any user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, order issued hereunder, or any other Pretreatment Standard or Requirement, or is engaged in conduct which justifies termination of a wastewater treatment service, pursuant to Section 911.08(c), the Utilities Commission may serve or cause to be served upon such User, a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation.
(2) Within ten (10) days of the date of receipt of the notice, the User shall respond in writing to the Utilities Commission, advising of its position with respect to the allegations. This response shall include an explanation of the violation and a plan for the satisfactory correction and prevention thereof and include specific required actions. Submission of such a plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation. Thereafter the parties shall meet to ascertain the veracity of the allegations and where necessary, establish a plan for the satisfactory correction thereof.
(b) Orders. The Utilities Commission may issue Orders to any User as deemed necessary to administer and enforce the provisions of this chapter. No User shall violate any Order issued to that User. Orders shall be served upon the affected user directly or by certified mail. Any User issued an Order by the Utilities Commission may appeal that Order according to Section 911.08(d). The Utilities Commission may issue, but is not limited to the following type of Orders.
(1) Consent orders. The Utilities Commission may enter into Consent Orders establishing an agreement with any User responsible for non-compliance. Such orders shall include specific action to be taken by the User to correct the non-compliance within a specified time period.
(2) Compliance orders. When the Director finds that a User has violated, or continues to violate this any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard of Requirement, the Utilities Commission may issue an Order to that User, directing that the User come into compliance within a specified time. If the User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the User of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the User.
(3) Cease and desist orders. When the Director finds that a User has violated, or continues to violate any provision of this chapter, an individual discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, or that the User's past violations are likely to recur, the Utilities Commission may issue an Order to cease and desist all such violations and direct those Users in non-compliance to;
A. Immediately comply with all the requirements; and
B. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the User.
(c) Show Cause Hearing. The Utilities Commission may order a User which has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Commission and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any Authorized Representative of the User. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User.
The Commission Chairman shall conduct the hearing and take evidence. At the hearing, all testimony shall be taken under oath and recorded. The transcript shall be made available to the public or any party to the hearing upon full payment of the costs of the transcript. Within ten (10) days of the hearing, the Director shall transmit to the Utilities Commission written recommendations for enforcement action against the discharger, together with a written report of the evidence and a complete transcript of the hearing. Within thirty (30) days of receipt of the recommendations of the Director, the Utilities Commission shall impose whatever enforcement action it deems necessary and appropriate to accomplish the purpose and policy of this chapter. The Utilities Commission shall give written notice to the User of the date, time, and place of each meeting of the Utilities Commission at which the recommendations of the Director shall be considered. Notwithstanding any other provision in this chapter the City and the User may enter into an agreement to correct the violations and to accomplish the purpose and policy of this chapter, subject to the following:
(1) The agreement shall be in writing and signed by the Director and the agent or officer of the User.
(2) If the Director has transmitted his recommendations to the Utilities Commission, the agreement must be approved by the Utilities Commission.
(3) The agreement must provide that all violations of this chapter will be corrected.
(4) All costs of the hearing to show cause and all costs incurred by the City must be paid in full by the User; and,
(5) The User must agree to any additional reporting requirements that the Utilities Commission deems necessary to protect the POTW from further misuse.
Any User who fails to appear at a Show Cause Hearing shall be deemed to have agreed to whatever action is taken by the Utilities Commission as a result of the Show Cause Hearing. Appeal of such orders may be taken by the User in accordance with applicable local or State law.
(d) Right of Appeal. Any User or any interested party shall have the right to request in writing an interpretation or ruling by the Utilities Commission on any matter covered by this chapter and shall be entitled to a prompt written reply. Request shall be filed within ten (10) days of action resulting from this chapter. In the event that such inquiry is by a User and deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of a User's request, shall stay all enforcement proceedings pending receipts of the aforesaid written reply. The Utilities Commission shall convene a hearing to discuss the matter within thirty (30) days of receipt of such request. The Utilities Commission may grant continuances if deemed necessary. A written decision on the appeal shall be issued within ten (10) days of the hearing. Appeal of any final judicial order entered pursuant to this chapter may be taken in accordance with local and State law.
(e) Emergency Suspension of Service. The Utilities Commission 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 endangerment to the health or welfare of persons. The Commission 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 Director 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 Director may allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the Utilities Commission that the period of endangerment has passed, unless the termination proceedings of this chapter 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 Director prior to the date of any show cause or termination hearing under this chapter.
Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency.
(f) Termination of Discharge. In addition to the provisions Section 911.06(k), any User who violates the following conditions is subject to discharge termination:
(1) Violation of individual wastewater discharge permit 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
Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this chapter why the proposed action should not be taken. Exercise of this option by the Utilities Commission shall not be a bar to, or a prerequisite for, taking any other action against the User.
(g) Publication of Users in Significant Non-Compliance. The Director shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by The City of Mount Vernon POTW, a list of the Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable Pretreatment Standards and Requirements. The term Significant Noncompliance shall be applicable to all Significant Industrial Users (or any other Industrial User that violates subsections (g)(3), (4) or (8) of this Section) and shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter taken during a six- (6-) month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement, including Instantaneous Limits as defined in Section 911.04;
(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of wastewater measurements taken for each pollutant parameter during a six- (6-) month period equals or exceeds the product of the numeric Pretreatment Standard or Requirement including Instantaneous Limits, as defined by Section 911.04 multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a Pretreatment Standard or Requirement as defined by Section 911.04 (Daily Maximum, long-term average, Instantaneous Limit, or narrative standard) that the Director determines has caused, alone or in combination with other discharges, Interference or Pass Through, including endangering the health of The City Of Mount Vernon POTW personnel or the general public;
(4) Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in Water and Wastewater Commission exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days of the scheduled date, a compliance schedule milestone contained in an individual wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical Pretreatment Standard deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s), which may include a violation of Best Management Practices, which Director determines will adversely affect the operation or implementation of the local pretreatment program.
(h) Administrative Fines. When the Director finds that a User has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the Utilities Commission may fine such User in an amount not to exceed one thousand ($1,000) dollars per day. 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.
(1) Unpaid charges, fines, and penalties shall, after sixty (60) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1%) per month. A lien against the User's property shall be sought for unpaid charges, fines, and penalties.
(2) Users desiring to dispute such fines must file a written request for the Utilities Commission to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the Commission 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 Commission may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(3) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User.
(i) Recovery of Costs Incurred by the City. Any User violating any of the provisions of this chapter or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the City's POTW shall be liable to the City for any expense, loss, or damage caused by such violation or discharge, including any EPA fines occurred by the City as a result of the violation. The Utilities Commission may bill the User for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of Section 911.08(c).
(Ord. 2016-21. Passed 11-28-16; Ord. 2019-38. Passed 12-23-19.)