(A) General. The City of Murray, through the designated individual or committee, to ensure compliance with this chapter, may take the following enforcement steps against users in non-compliance. The remedies available to the POTW include, but are not limited to, injunctive relief, civil and criminal penalties, immediate discontinuance of discharges, and/or water service and the publishing of the list of significant violators annually. Note that any violation of the Clean Water Act of 1977 may also be pursued by the state or the federal government.
(1) If any person or public corporation is found to be in violation of any provision of this chapter, the city may:
(a) Enforce these ordinances by mandamus or otherwise;
(b) Remove any improper construction or close any connections made improperly or in violation of these ordinances;
(c) Revoke any permit issued pursuant to these regulations;
(d) Recover by civil action from any person or public corporation violating any ordinance; and
(e) Pursue any other remedy available by law.
(2) The installation of any facility by any person or public corporation contrary to the provisions of this chapter shall constitute a violation and shall be abated immediately upon notice by the City of Murray.
(3) Any person or public corporation found to be operating in violation of these regulations shall be compelled to cease and desist upon proper application by anyone aggrieved, including, but not limited to, the city, the State Board of Health or the Calloway County Board of Health.
(4) Any person or public corporation willfully failing to comply with this chapter shall be liable for damages, including, but not limited to, any cost by the city for remediating the violations caused by such failure and for the costs, including, but not limited to, the cost of repairing any construction damaged or destroyed, any legal fees incurred, and court costs incurred by the City of Murray.
(5) Sewer back-ups or overflows resulting from acts of God which cause property damage shall not be the financial responsibility of the Murray Sewer System or any of its employees or the City of Murray.
(6) No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, deface, cover or tamper with any wastewater treatment works which are a part of the water resource recovery system under the Director of Public Works and Utilities management. Any person violating this provision shall be subject to immediate prosecution by the local, state or federal government for any violations involving civil or criminal penalties.
(B) Administrative enforcement. Remedies, including, but not limited to, the following, may be issued by the Mayor or his designee, but are not necessarily invoked in the order presented:
(1) Notice of violation (NOV). An official written communication from the Mayor or designee, mailed certified, first class, or hand delivered to a non-compliant user stating that the user is in violation of the city's rules, regulations or ordinances. Whenever the city's designee finds that an industrial or any other user has violated or is violating any provision of this chapter, the Pretreatment Coordinator may serve upon said user, written notice of the violation. Within ten (10) days from the receipt date of this notice, the user must evaluate and provide an explanation of the violation and submit a written plan to the Murray Sewer System for the satisfactory correction and prevention thereof, to include specific required actions to be taken to achieve compliance and the required steps for insuring that the violation will not reoccur. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the NOV. The NOV may also state deadlines for a response, demonstrating compliance has been achieved. The NOV may be the foundation for further enforcement action.
(2) Administrative orders. Enforcement documents issued by the Mayor or designee, which direct a non-compliant establishment to undertake or to cease specific activities. This may be the first formal response to significant non-compliance and may be used as a vehicle for administrative fines.
(a) Consent orders. A negotiated settlement between the Mayor or his/her designee and a user found to be in non-compliance with applicable pretreatment requirements of the Sewer Ordinance. The Mayor or designee is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user or any other users responsible for the non- compliance. Such orders shall include specific action to be taken by the user to correct the non-compliance within a time period specified by the order. Consent orders shall have the same force and effect as administrative orders issued. Consent orders must be signed by the Mayor or his/her designee and the user representative and shall be judicially enforceable.
(b) Show cause hearing order. An order to direct the user to appear before a Department of Public Works and Utilities Review Panel, consisting of the Field Operations Manager, the Supervisor of Water and the Supervisor of the water resource recovery system, to explain the non-compliance and to show cause why more severe enforcement actions against the user should not be taken. The show cause hearing order may be used in circumstances where previous enforcement actions have failed to resolve the non-compliance. The aggrieved party can appeal the order to the City of Murray Appeals Board.
1. The Mayor or designee may order any industrial user which causes or contributes to any violation of this chapter or order or wastewater permit issued hereunder, to show cause why a proposed enforcement action should not 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 (10) days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer of the industrial user. Whether or not a duly notified industrial user appears as noticed, immediate enforcement action may be pursued.
2. At any hearing held pursuant to this chapter, testimony taken must be under oath and by audio and/or video recording. 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.
(c) Compliance order. When the city finds that an industrial or other user has violated or continues to violate this chapter or a permit or order issued hereunder, the city representative may issue an order to the user responsible for the discharge, directing that, following a specified time period, sewerage service may be discontinued by virtue of restricting or discontinuing water service 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 non- compliance, including, but not limited to, the installation of pretreatment technology, additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewerage system. 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.
(d) 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 provisions contained in any permit or order issued hereunder, or any other pretreatment standard or requirement or that the user's past violations are likely to reoccur, the Mayor or designee may issue a cease and desist order. The order directs a non-compliant user to cease illegal or unauthorized discharges immediately or directs the termination of the discharge found to be in violation of this chapter or pretreatment standards or the provisions of a wastewater discharge permit. The cease and desist order may be used in situations where the discharge could cause interference or pass through, or otherwise create an emergency situation. The Mayor or designee may issue an order to cease and desist all such violations, and direct those persons in non-compliance to:
1. Comply forthwith;
2. Comply in accordance with a compliance time schedule set forth in the order; and
3. 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.
(e) Supplemental responses. The remedies provided for in this chapter are not exclusive. The city may take any, all, or a combination of these actions against a non-compliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement subsection provisions. However, the city may take other action against any user when the circumstances warrant. Further, the individual or committee acting on behalf of the city may take more than one enforcement action against any non compliant user. Additional responses are available to the city and include, but are not limited to, cleaning and repair cost recovery, public notice of significant non-compliance with pretreatment requirements, increased monitoring and reporting, short term permits, and permit revocation. In addition, the city may revoke a best management practices plan waiver for a categorical industrial user which was issued to allow use by the user in lieu of having to test for specific pollutant parameters.
(3) Administrative fines/penalties. Any user who is found to have violated or continues to violate any provision of this chapter, or the orders and permits issued hereunder, or any pretreatment standard or requirement, may be fined in an amount not less than five hundred dollars ($500), per violation for lesser instances of non-compliance. Per 40 CFR 403.8 (f)(1)(vi), all POTWs shall also have authority to seek or assess civil or criminal penalties in at least the amount of one thousand dollars ($1,000) per day per violation for each violation by industrial users of pretreatment standards and requirements. Each day on which non-compliance shall occur or continue may be deemed a separate and distinct violation. Such fines will be added to any surcharges as a separate line item and billed to the violator. The city shall use such other collection remedies as it has to collect other service charges. Any such penalty imposed shall not be construed as liquidated damages and shall accrue in addition to any liability for any consequential damages resulting from the violation for which the penalty is imposed.
(4) Emergency suspensions.
(a) The Director of Public Works and Utilities or designee, after advising the Mayor of emergency issues associated with actual or threatened discharges, may, in his/her sole and absolute discretion, immediately suspend the wastewater treatment service and/or wastewater user discharge 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; and/or
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 user discharge permit shall immediately stop or eliminate its contribution. A hearing before the City of Murray Appeals Board will be held within fourteen (14) days of the notice of suspension to determine whether the suspension may be lifted or the user’s wastewater user discharge permit terminated. 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 and water supply, to prevent or minimize damage to the POTW, and its receiving stream, or endangerment to any individuals. The Director of Public Works and Utilities shall reinstate the wastewater user discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge and that the period of endangerment has passed (see Chapter 134).
(c) Any user which is responsible, in whole or part, for any discharge presenting imminent endangerment shall submit to Pretreatment Coordinator, 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.
(a) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(b) Failure to accurately report significant changes in operations or wastewater constituents and characteristics, or volume prior to discharge;
(c) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; and/or
(d) Intentional violation of permit conditions and pretreatment standards.
(C) Judicial enforcement remedies. Means the implementation of the judicial process to secure court-ordered action to correct violations and to secure penalties for violations. Judicial administrative remedies may be sought: (1) when notices of violation or administrative orders have proven ineffective in returning the violating user to compliance; (2) when emergency situations require injunctive relief to halt or prevent discharges which threaten human health or the environment or interfere with the treatment system; or (3) for imposing civil penalties and recovering losses incurred due to non-compliance. 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 and cost recovery. 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 a preliminary or permanent injunction, or both (as may be appropriate) which restrains or compels the activities on the part of the user. In the event the city elects to correct the violation itself, the cost of such correction may be billed to the user causing the violation, and may include, but not be limited to, all costs for correction of the violation, all costs for litigation if necessary, and reasonable attorney fees. These costs may be due to, but not limited to, actual physical damage to the treatment works or collection system, personal injury to city personnel, damage to the environment, or other related costs such as for increased testing/monitoring. The city shall have the same type remedies to collect these fees as it has to collect other sewerage service charges.
(2) Civil penalties.
(a) In determining the amount of civil liability, all relevant circumstances shall be considered, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factors as justice requires. Any user who has violated and/or continues to violate this chapter or any order or permit issued hereunder, or who violates any cease and desist order, prohibition, effluent limitation, or pretreatment or toxicity standard, shall be liable to the city for a civil penalty of at least one thousand dollars ($1,000) but no more than five thousand dollars ($5,000) per violation per day for as long as the violation continues plus actual damages. In addition to the above described penalty and damages, the city may recover reasonable attorney’s fees, expert witness fees, court costs, and other expenses associated with enforcement activities, including, but not limited to, special sampling and monitoring expenses. Any such penalty imposed shall not be construed as liquidated damages and shall accrue in addition to any liability for any consequential damages resulting from the violation for which the penalty is imposed.
(b) The city may petition the Court to impose, assess, and recover such sums set forth in subsection (C)(2)(a) above. In determining the amount of liability, all relevant circumstances shall be taken into account, 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 and prosecution. The City of Murray, in its sole and absolute discretion, may choose to pursue civil or criminal violations against users who violate the provisions of city, state or federal ordinances, rules or regulations.
(a) Violations. Any user who willfully or negligently violates any provision of this chapter, or any orders, or permits issued hereunder or any other pretreatment standard or requirement, shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not less than five hundred dollars ($500) but not to exceed one thousand dollars ($1,000) per violation, per day, or imprisonment for not more than one (1) year, or both.
(b) Falsifying information or data. 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 discharge 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 five hundred dollars ($500) nor more than five thousand dollars ($5,000) per violation, per day, or imprisonment for not more than one (1) year, or both.
(c) Destruction of the 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, destruction of public property, or other criminal statute that is consistent with the offense. It shall be noted that the Clean Water Act of 1977 does not require proof of specific intent to obtain a conviction. Note that each day that there is a continued violation constitutes a separate criminal violation.
(D) Additional enforcement action.
(1) Annual publication of significant violations. The Pretreatment Coordinator 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 city to be necessary to achieve consistent compliance.
(3) Financial assurance. The city may decline to issue or reissue an individual wastewater user discharge permit to any user who has failed to comply with any provision of this chapter, a previous individual wastewater user discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
(Ord. 2024-1867, passed 7-11-24)