(A) The power to enforce the provisions of this chapter shall be vested in the Superintendent who may:
(1) Issue notices of violation;
(2) Call administrative hearings for the purpose of establishing compliance schedules;
(3) Show cause hearing;
(4) Cause court summons to be issued; and
(5) Forward complaints of non-compliance to the Town Attorney.
(Prior Code, Title V, Ch. II, Art. II, § 62)
(B) Contractually specified enforcement procedures which conflict with any portion of this section shall take precedence over the conflicting portion of this section.
(1) Notice of violation. All persons found to be in violation of any portion of this chapter, shall be served with a written notice of violation by the Superintendent, stating the nature of the violation or violations and providing a reasonable period of time within which corrective action shall be taken, except where continuation of the violation or violations may endanger operating or maintenance of the sewers and sewerage system or may become a public nuisance.
(2) Administrative hearing.
(a) Violators failing to response to the notice of violation shall be called before an Administrative Board of Hearing.
(b) Any attempt will be made to resolve the matter in an equitable fashion and an administrative order will be drawn up specifying a schedule of compliance and/or a compliance date.
(c) The Administrative Board shall consist of the Town Manager, Superintendent and Utility Clerk.
(3) Show cause hearing. A meeting 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 meeting, the proposed action, the reason for the action, and a request that the user show cause why this 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 days prior to the hearing. Such notice may be served on any authorized representative of the user, whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be a prerequisite for taking any other action against the user.
(4) Court action. Violations of administrative orders shall be referred immediately to the Town Attorney, for enforcement in a court of jurisdiction. The referral shall include a request for the pursuit of the maximum penalty applicable under this code of ordinances.
(Prior Code, Title V, Ch. II, Art. II, § 63)
(C) Any party aggrieved by an order or determination under this section may, within 15 days after receipt of a notice informing such party of the decision or order, appeal such decision or order to the Town Council by filing a petition seeking such appeal, with the Clerk-Treasurer, stating the basis of such appeal, including the alleged error in the decision or order. After receipt of such petition the Town Council, after due and proper notice to all parties, shall hold a hearing on said petition and, at the conclusion thereof, or within 30 days thereafter, enter a decision either affirming, denying, revising, amending, altering or modifying such decision or order as the Town Council, by majority vote, shall so rule. A party or person aggrieved by the Town Council shall have the right to judicial review of such determination in accord with and pursuant to the same provision of the state’s Administrative Procedures Act (I.C. 4-21.5-3-7) as are applicable to appeals and review of decisions of agencies of the state.
(Prior Code, Title V, Ch. II, Art. II, § 64)
(D) Public notification. Under the provisions of 40 C.F.R. 403.8(f)(2)(viii), the town shall annually publish in the local newspaper, a list of industrial and/or commercial users who have significantly violated this chapter or any state or federal pretreatment standard. A significant noncompliance (SNC) shall mean a violation which:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter.
(2) Technical Review Criteria (TRC) violations, defined here as those in which 33% or more of all the measurements for each pollutant parameter taken during a six month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, Fats, Oils, and Grease (FOG), and 1.2 for all other pollutants except pH).
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of 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 the POTW's exercise of its emergency authority to halt or prevent such a discharge.
(5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance.
(6) Failure to provide, within 30 days after the due date, any required reports such as baseline monitoring reports, 90 day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
(7) Failure to accurately report noncompliance.
(8) Any other violation or group of violations the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
(Prior Code, Title V, Ch. II, Art. II, § 65)
(E) In accordance with this chapter, all industries affected by federal categorical standards shall file with the Superintendent a priority pollutant scan for total toxic organics (TTOs) at least bi-annually or whenever a process change occurs, whichever occurs first.
(Prior Code, Title V, Ch. II, Art. II, § 66)
(F) All rules and regulations heretofore promulgated by the utility governing the service supplied by the utility are superseded and replaced by the foregoing rules and regulations and/or other specifications.
(Prior Code, Title V, Ch. II, Art. II, § 67)
(G) The remedies provided to the utility by these rules and regulations shall not be exclusive and shall be in addition to all other remedies which the utility has in law or equity.
(Prior Code, Title V, Ch. II, Art. II, § 68)
(Ord. 14, 1992, passed - -1992; Ord. 4, 2012, passed 4-11-2012)