(a) Administrative Enforcement Remedies.
(1) Notification of violation. Whenever the Superintendent finds that any industrial user has violated or is violating this chapter, or a wastewater permit or order issued hereunder, the Superintendent or his agent may serve upon such user written notice of the violation. Within ten days of 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 Superintendent. 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 Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders shall include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to subsection (a)(4) hereof.
(3) Show cause hearing. The Service Director may order any industrial user which causes or contributes to a violation of this chapter or wastewater permit or order 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 meeting, the proposed enforcement action and the reason for such 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 principal executive, general partner or corporate officer. Whether or not a duly notified industrial user appears as noticed, immediate enforcement action may be pursued.
(4) Compliance order. When the Service Director finds that an industrial user has violated or continues to violate this chapter or a permit or order issued thereunder, he may issue an order to the industrial 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 Service Director finds that an industrial user has violated or continues to violate this chapter or any permit or order issued hereunder, the Superintendent may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
A. Comply forthwith.
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.
(6) Administrative fines. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, or permits or orders issued hereunder, shall be fined in an amount not to exceed one thousand dollars ($1,000) per violation. Each day on which noncompliance occurs or continues shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the Service Director shall have such other collection remedies as he has to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual user's property. Industrial users desiring to dispute such fines shall file a request for the Service Director to reconsider the fine within ten days of being notified of the fine. Where the Service Director believes a request has merit, he shall convene a hearing on the matter within fifteen days of receiving the request from the industrial user.
(7) Emergency suspensions.
A. The Service Director may suspend the wastewater treatment service and/or wastewater permit of an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW or the environment.
B. Any user notified of a suspension of the wastewater treatment service and/or the wastewater permits shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Service Director or his representative shall 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 Service Director or his representative shall allow the user to commence its discharge when the endangerment has passed, unless the termination proceedings set forth in subsection (a)(8) hereof are initiated against the user.
C. An industrial user which is responsible, in whole or in 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 Service Director or his representative prior to the date of the hearing described above.
(8) Termination of permit. Significant industrial users proposing to discharge into the POTW shall first obtain a wastewater discharge permit from the Control Authority. Any user who violates the following conditions of this subsection or wastewater discharge permit or order, or any applicable or state and federal law, is subject to permit termination:
A. Violation of permit conditions.
B. Failure to accurately report the wastewater constituents and characteristics of its discharge.
C. Failure to report significant changes in operations or wastewater constituents or characteristics.
D. Refusal of reasonable access to the user's premise for the purpose of inspection, monitoring or sampling.
Noncompliant industrial users shall be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under subsection (a)(3) hereof why the proposed action should not be taken.
(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 Service Director or his representative, through the City Attorney, may commence an action for appropriate legal and/or equitable relief in the Common Pleas Court for Cuyahoga County.
(1) Injunctive relief. Whenever an industrial user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the Service Director, through counsel, 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 industrial user. The Service Director shall have such remedies to collect these fees as it has to collect other sewer service charges.
(2) Civil penalties.
A. Any industrial user who has violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the Service Director for a civil penalty of not more than ten thousand dollars ($10,000) but at least one thousand dollars ($1,000), 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 Service Director may recover reasonable attorney's fees, court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
B. The Service Director shall permit 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 extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user and any other factor as justice requires.
(3) Criminal prosecution.
A. Violations - generally.
1. Any industrial user who willfully or negligently violates any provision of this chapter or any order or permits issued hereunder shall be punished by a fine not to exceed one thousand dollars ($1,000) per violation per day or imprisonment for not more than one year or both.
2. In the event of a second conviction, the user shall be punished by a fine not to exceed three thousand dollars ($3,000) per violation per day or imprisonment for not more than three years or both.
B. Falsifying information.
1. Any industrial 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 be punished by a fine of not more than one thousand dollars ($1,000) per violation per day or imprisonment for not more than one year or both.
2. In the event of a second conviction, the user shall be punished by a fine not exceeding three thousand dollars ($3,000) per violation per day or imprisonment for not more than three years or both.
(c) Supplemental Enforcement Remedies.
(1) Annual publication of significant noncompliance. The Service Director or his representative shall publish, at least annually in the largest daily newspaper circulated in the service area, a description of those industrial users which are found to be in significant noncompliance, as defined in Section 911.03, with any provision of this chapter or any permit or order issued hereunder during the period since the previous publication.
(2) Performance bond. The Service Director may decline to reissue a permit to any industrial user which has failed to comply with the provision 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 Service Director to be necessary to achieve consistent compliance.
(3) Liability insurance. The Service Director 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 the industrial user first submits proof that it has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge.
(4) Public nuisances. Any violation of the prohibitions or effluent limitations of this chapter or permit or order issued hereunder may be declared a public nuisance as defined in Section 1331.03 and shall be corrected or abated as directed by the Service Director or his designee. Any person(s) creating a public nuisance may be subject to the provisions of the Chapter 1331 governing such nuisances, including reimbursing the POTW for any costs incurred in removing, abating or remedying such nuisance.
(5) Informant rewards. The Service Director is authorized to pay up to five hundred dollars ($500.00) for information leading to the discovery of noncompliance by an industrial user. In the event that the information provided results in an administrative fine or civil penalty levied against the user, the Service Director is authorized to disburse up to ten percent (10%) of the collected fine or penalty to the informant. However, a single reward payment may not exceed ten thousand dollars ($10,000).
(6) Contractor listings.
A. Industrial users which have not achieved consistent compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the City.
B. Existing contracts for the sale of goods or services to the City held by an industrial user found to be in significant violation with pretreatment standards may be terminated at the discretion of the Municipality.
(Ord. 2017-83. Passed 12-19-17.)