(a) Emergency Suspension of Service and Discharge Permits. The Authority may for good cause suspend the wastewater treatment service to a discharger when it appears to the Authority that an actual or threatened discharge presents an imminent or substantial danger to the health or welfare of persons, substantial danger to the health or welfare of persons, substantial danger to the environment, interferes with the operation of the Authority's treatment system, or violates any pretreatment limits imposed by this regulation. Any discharger notified of the suspension of the Authority's wastewater treatment service shall within a reasonable period of time, as determined by the Authority, cease all discharges.
The Authority shall have the authority and procedures to immediately and effectively halt or prevent any discharge which reasonably appears to present an imminent danger to the health and welfare of persons. In the event of failure of the discharger to comply voluntarily with the suspension order within the specified time, the Authority shall commence judicial proceedings immediately thereafter to compel the discharger's compliance with such order.
The Authority shall reinstate the wastewater treatment service and terminate judicial proceedings pending proof by the discharge of the elimination of the noncomplying discharge or conditions creating the threat of imminent or substantial danger as set forth above.
(b) Revocation of Treatment Services. The Authority may terminate the wastewater treatment services to any discharger which:
(1) Fails to factually report the wastewater constituents and characteristics of its discharge;
(2) Fails to report significant changes in wastewater constituents or characteristics;
(3) Refuses reasonable access to the discharger's premises by representatives of the City for the purpose of inspection or monitoring; or
(4) Violates the conditions of this regulation, or any final judicial order entered within respect thereto.
(c) Notification of Violation; Administrative Adjustment. Whenever the Authority finds that any discharger has engaged in conduct which justifies termination of a wastewater treatment service, the Authority shall serve or cause to be served upon such discharger, a written notice either personally or by certified mail, return receipt requested, stating the nature of the alleged violation. Within 30 days of the date of receipt of the notice, the discharger shall respond personally or in writing to the Authority, advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and where necessary, establish a plan for the satisfactory correction thereof.
(d) Show Cause Hearing. Where revocation of treatment services is not corrected by timely compliance by means of administration adjustment, the Authority may order any discharger to show cause before the Authority or its duly authorized representative, why the proposed service termination action should not be taken. A written notice shall be served on the discharger by personal services, certified or registered, return receipt requested, specifying the time and place of a hearing to be held by the Authority or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the discharger to show cause before the Authority why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer, or authorized representative of a discharger. The proceedings at the hearing shall be considered by the Authority which shall then enter appropriate orders with respect to the alleged improper activities of the discharger. Appeal of such orders may be taken by the discharger in accordance with applicable local or state law.
(e) Judicial Proceedings. Following the entry of any order by the Authority in respect to the conduct of a discharger contrary to revocation of treatment services hereof, the attorney for the Authority may, following the authorization of such action by the Authority, commence an action for appropriate legal and/or equitable relief in the appropriate local court.
(f) Enforcement Actions; Annual Publication. A list of all significant dischargers which were the subject of enforcement proceedings of this chapter during the 12 previous months, shall be annually published by the Authority in the largest daily newspaper, published in the municipality in which the Authority is located, summarizing the enforcement actions taken against the discharger's during the same 12 months whose violations remained uncorrected 45 or more days after notification of noncompliance; or which have exhibited a pattern of noncompliance over that 12 month period, or which involve failure to accurately report noncompliance.
(g) Right of Appeal. Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the Authority on any matter covered by this regulation and shall be entitled to a prompt written reply. In the event that such inquiry is by a discharger and delays with matters of performance or compliance with this regulation for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger's request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this regulation may be taken in accordance with local and state law.
(h) Operating Upsets. Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this regulation shall inform the Authority thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the Authority within five days. The report shall specify:
(1) Description of the upset, the cause thereof and the upset's impact on a discharger's compliance status.
(2) Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur.
(3) All steps taken or to be taken to reduce, eliminate, and prevent recurrence of such an upset or other conditions of noncompliance.
A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the Authority against a discharger for any noncompliance with this regulation which arises out of violations alleged to have occurred during the period of the upset.
(i) Upon the violation of any provision of this regulation, the Authority shall serve written notice by actual delivery or certified mail upon the user. Such written notice shall adequately state the nature of the violation and provide at least ten (10) days for the correction of the violation, unless the Authority finds a shorter period is required to protect the public health, safety or welfare.
(j) Upon failure to correct the violation within the specified time limit, the Authority may file in any court of competent jurisdiction an action for injunctive relief, civil damages and/or penalties.
(k) The following civil penalties shall apply for the violation of the following provisions of this regulation:
(1) Twenty-five dollars ($25.00) for each day of violation after the time limit specified by the Authority in its notice for each of the following sections:
(2) Fifty dollars ($50.00) for each day of violation after the time limit specified by the Authority in its notice for each of the following sections:
(3) One hundred dollars ($100.00) for each day of violation after the time limit specified by the Authority in its notice for each of the following sections:
(4) One thousand dollars ($1,000) for each day of violation after the time limit specified by the Authority in its notice for each of the following sections:
(l) In addition to the foregoing civil penalties, the Authority may recover civil damages for any expense, loss or damage, including attorney's fees, occasioned by a user's violation of this regulation.
(m) Recovery of Costs Incurred by the Authority. Any discharger violating any of the provisions of this regulation, or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the Authority's wastewater disposal system shall be liable to the Authority for any expense, loss, or damage caused by such violation or discharge. The Authority shall bill the discharger for the costs incurred by the Authority 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 regulation.
(n) Falsifying Information. A person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this regulation, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this regulation, shall upon conviction be punished by the imposition of a civil penalty of not more than $1,000 or by imprisonment for not more than 30 days, or by both.
(Ord. 92-23. Passed 10-5-92.)