(A) Administrative enforcement.
(1) Notification of violation (See Article V, Section 17). Whenever the city finds that an industrial or any other user has violated or is violating this chapter, or hereunder the Mayor or his or her agent may serve upon said user, written notice of the violation. Within ten days from 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 city. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.
(2) Consent orders. The Mayor is hereby empowered to enter into consent orders, assurance of voluntary compliance, or other similar documents establishing an agreement with the industrial user or any other users responsible for the noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specific by the order. Consent orders shall have the same force and effect as administrative orders issued.
(3) Show cause hearing.
(a) The Mayor may order any industrial user which causes or contributes to violation of this chapter or order or wastewater permit issued hereunder, to show cause why a proposed enforcement action should be taken. Notice shall be served on the hearing, the proposed enforcement action should be taken. Notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action and the reasons for such action, and a request that the user show cause why this 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 prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified industrial user appears as noticed, immediate enforcement action may be pursued.
(b) At any hearing held pursuant to this chapter, testimony taken must be under oath and either audio recorded or stenographically. The transcript, so recorded, will be made available to any party of the hearing, and any member of the public upon payment of the usual charges thereof.
(4) Compliance order. When the city finds that an industrial or other user has violated or continues to vio- late this chapter or a permit or order issued hereunder, he or she may issue an order to the user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self- monitoring, and management practices.
(5) Cease and desist orders. When the city finds that an industrial or any other user has violated or continues to violate this chapter or those contained in any permit issued hereunder, the Mayor may issue an order to cease and desist all such violations, and direct those persons in noncompliance to:
(a) Comply forthwith.
(b) Comply in accordance with a compliance time schedule set forth in the order.
(c) 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.
(6) Administrative penalties. Any user who is found to have violated any provision of this chapter, or the orders and permits issued hereunder, may be fined in an amount not less than $500 but not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue may be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the city shall have such other collection remedies as it has to collect other service charges.
(7) Emergency suspensions (See Article V, Section 14):
(a) The city may suspend the wastewater treatment service and/or wastewater permit whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing any of the following conditions:
1. An imminent or substantial endangerment to the health or welfare of persons, or the environment.
2. An interference or pass through.
3. A violation of any condition of the POTW's NPDES permit.
(b) Any user notified of a suspension of the wastewater treatment service and/or wastewater permit shall immediately stop or eliminate its contribution. A hearing will be held within 14 days of the notice of suspension to determine whether the suspension may be lifted or the user's waste discharge permit terminated. In the event of a failure of the person to comply voluntarily with the suspension order, the Mayor 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 Mayor shall reinstate the wastewater permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.
(c) Any user which is responsible, in whole or part, for 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 city prior to the date of the hearing described.
(8) Termination of permit (See Article V, Section 15). Any user who violates the following conditions of this chapter or a wastewater discharge permit or order, or any applicable or state or federal law, is subject to permit termination:
(a) Failure to accurately report the wastewater constituents and characteristics of its discharge.
(b) Failure 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, monitoring, or sampling.
(d) Intentional violation of permit conditions.
(B) Judicial remedies. If any person discharges sewage, industrial wastes, or other wastes into the wastewater disposal system contrary to the provisions of this chapter or any order or permit issued hereunder, the Mayor, through the City Attorney, may commence an action for appropriate legal and/or equitable relief in the Circuit Court for Calloway County.
(1) Injunctive relief. Whenever a user has violated or continues to violate the provisions of this chapter or an order or permit issued hereunder, the Mayor, through the City Attorney, may petition the court for the issuance of the preliminary or permanent injunction, or both (as may be appropriate) which restrain or compels the activities on the part of the user. In the event the Mayor chooses to correct the violation himself, the cost of such correction may be added to the next scheduled sewer service charge payable by the person causing the violation. The city shall have such remedies to collect these fees as it has to collect other sewer service charges.
(2) Civil penalties.
(a) Any user who has violated and/or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the city for a civil penalty of not less than $500 but not more than $5,000 plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the city may recover reasonable attorney's fees, court costs, and other expenses his enforcement activities, including special sampling monitoring expenses.
(b) The city shall 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 economic benefit gained through the user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.
(3) Criminal violations.
(a) 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 of not less than $500 but not to exceed $5,000 per violation, per day, or imprisonment for not more than one year, or both.
(b) Any user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not less than $500 but not more than $5,000 per violation, per day, or imprisonment for not more than one year, or both.
(C) Additional enforcement action.
(1) Annual publication of significant violations. The city shall publish, at least annually in the largest daily newspaper circulated in the service area, a description of those industrial users who are found to be in significant violation, as defined by this chapter, with any provisions of this chapter or any order or permit issued hereunder during the period since the previous publication.
(2) Performance bonds. The city may decline to reissue a permit to any industrial user which has failed to comply with the provisions of this chapter or any order or previous permit issued hereunder unless such user first files with it a satisfactory bond, payable to the POTW, in a sum not to exceed a value determined by the Mayor to be necessary to achieve consistent compliance.
(Ord. 89-913, passed 11-30-89; Am. Ord. 92-985, passed 8-13-92)