(a) Whenever the City determines that any person has violated or is violating any prohibition, limitation or provisions of this chapter, they may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed 30 days for a satisfactory correction thereof. Such notice shall also state that any person in violation of this code shall be liable for any resulting damages at the rates listed in the current City of Oxford Fee Ordinance or applicable fines.
The City may, for good cause shown, suspend wastewater treatment service and the wastewater discharge permit of a discharger when it appears to the City that an actual or threatened discharge presents or threatens an imminent or substantial danger to the health or welfare of person or environment, interferes with operation of the publicly operated treatment works, or violates any pretreatment limits imposed by this chapter or any wastewater discharge permit issued pursuant to this chapter. Any discharger notified of the suspension of the City's wastewater treatment service and/or the discharger's wastewater discharge permit shall within a reasonable period of time, as determined by the City, cease all discharges. In the event of failure of the discharger to comply voluntarily with the suspension order within the specified time, the City shall commence judicial proceeding immediately thereafter to complete the discharger's compliance with such order. The City shall reinstate the wastewater discharge permit and/or the wastewater treatment service and terminate judicial proceedings pending proof by the discharger of the elimination of the non-complying discharge or conditions creating the threat of imminent or substantial danger as set forth above.
(b) Whenever the City determines that any person has violated or is violating any prohibition, limitation or provision of this chapter, the City may terminate water and sewer service.
(c) After the City Manager has reviewed the facts, he may issue an order to the party responsible directing that, following a specified time period, the water and sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated and such further orders and directives as are necessary and appropriate.
(d) At the end of each calendar year, the City will publish a list of all users who have significantly violated the provisions of this chapter or the requirements for any applicable federal, state or local pretreatment standard. This list will be published in the largest newspaper serving the City.
(e) Any discharge in violation of the substantive provisions of this chapter or an order of the City Manager shall be considered a public nuisance. If any person discharges wastewater, industrial wastes or other wastes into the City treatment system contrary to the substantive provisions of this chapter or any order of the City Manager, the City may commence an action for appropriate legal and/or equitable relief in the appropriate court.
(f) Any person who is found to have violated an order of the City Manger or who willfully or negligently failed to comply with any provision of this code and/or the orders, rules and regulations issued hereunder shall be fined not less than one thousand dollars ($1000.00) nor more than ten thousand dollars ($10,000.00) per offense, per day. In addition to the penalties provided herein, the City may recover reasonable attorneys' fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this code or the orders, rules and regulations issued hereunder, including sampling and monitoring expenses plus any other costs incurred by the City.
(1) Injunctive Relief. When the Service Director finds that a user has violated, or continues to violate, any provision of this rule, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Service Director may petition the Court through the City of Oxford's attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or completes the specific performance of the wastewater discharge permit, order, or other requirement imposed by this rule on activities of the user. The Service Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(2) Civil Penalties.
A. A user who has violated, or continues to violate any provision of this rule, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City of Oxford for a maximum civil penalty of $10,000.00 per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
B. The Service Director may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City of Oxford.
C. In determining the amount of civil 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 of the violation, and economic benefit gained through the user's violation, corrective actions by the user, the compliance history of he user, and other factors as justice required.
D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against the user.
(3) Criminal Prosecution.
A. A user who willfully or negligently violates any provision of this rule, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be punished according to applicable state and federal law.
B. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be punished according to applicable state and federal law.
C. A user who knowingly makes any false statements, representation, or certifications in any application, record, report, plan, or other documentation files, or required to be maintained, pursuant to this rule, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device, method, or sample required under this rule, shall, upon conviction, be punished by applicable state and federal law.
(4) Remedies Nonexclusive. The remedies provided for in this rule are not exclusive. The Service Director may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the City of Oxford as outlined in this ordinance. However, the Service Director may take other action against any user when the circumstances warrant. Further, the Service Director is empowered to take more than one enforcement action against any noncompliant user.
(5) Public Nuisances. A violation of any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Service Director. Any person(s) creating a public nuisance shall be subject to the provisions of Ohio R.C. 6111.01 governing such nuisances, including reimbursing the City of Oxford for any costs incurred in removing, abating, or remedying said nuisance.
(6) Contractor Listing. Users that have not achieved compliance with applicable pretreatment standards and requirement may not be eligible to receive a contractual award for the sale of goods or services to the City of Oxford. Existing contracts for the sale of goods or services to the City of Oxford held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the Service Director.
(7) Penalties for Prohibited Wastewater Discharges. In addition to all the enforcement mechanisms in this section, each industrial user found to be in noncompliance will be subject to charges for the handling, treatment, removal, and disposal of all identified, prohibited materials or conditions that are discharged to the public sewer system prior to the corrections being made. Such penalties do no relieve the industrial users of their obligation to take prompt action in achieving compliance.
(Ord. 3261. Passed 12-17-13.)