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CITY OF PARIS, KY Code of Ordinances
CITY OF PARIS, KENTUCKY CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE 1: GENERAL PROVISIONS
TITLE 2: GOVERNMENT: ORGANIZATION/ADMINISTRATION
TITLE 3: PUBLIC WORKS AND UTILITIES
TITLE 4: TRAFFIC REGULATIONS
TITLE 5: PUBLIC REGULATIONS
TITLE 6: BUSINESS REGULATIONS
TITLE 7: HOUSING AND BUILDING REGULATIONS
TITLE 8: PLANNING AND ZONING
TABLES OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 33.304 CEASE AND DESIST ORDERS
   When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:
   (A)   Immediately comply with all requirements; and
   (B)   Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or 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.
(Ord. 2015-12, passed 8-7-15)
§ 33.305 ADMINISTRATIVE FINES
   (A)   When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may fine such user in an amount not to exceed ten thousand dollars ($10,000.00). Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
   (B)   Unpaid charges, fines, and penalties shall, after (90) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of five percent (5%) per month. A lien against the user’s property shall be sought for unpaid charges, fines, and penalties.
   (C)   Users desiring to dispute such fines must file a written request for the Superintendent to reconsider the fine along with full payment of the fine amount within fourteen (14) days of being notified of the fine. Where a request has merit, the Superintendent may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Superintendent may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
   (D)   Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 2015-12, passed 8-7-15)
§ 33.306 EMERGENCY SUSPENSIONS
   The Superintendent may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
   (A)   Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Superintendent may 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 Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in § 33.307 are initiated against the user.
   (B)   A user that is responsible, in whole or in part, for any discharge presenting 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 Superintendent prior to the date of any show cause or termination hearing under §§ 33.302 or 33.307. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ord. 2015-12, passed 8-7-15)
§ 33.307 TERMINATION OF DISCHARGE
   In addition to the provisions in § 33.205, any user who violates the following conditions is subject to discharge termination:
   (A)   Violation of individual wastewater discharge permit or general 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 volume, constituents, and characteristics prior to discharge;
   (D)   Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling; or
   (E)   Violation of the pretreatment standards in Division 2 of this chapter. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 33.302 why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 2015-12, passed 8-7-15)
Division 11. Judicial Enforcement Remedies
§ 33.350 INJUNCTIVE RELIEF
   When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may petition the Bourbon County Court through the City’s Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, the general permit, order, or other requirement imposed by this chapter on activities of the user. The Superintendent 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.
(Ord. 2015-12, passed 8-7-15)
§ 33.351 CIVIL PENALTIES
   (A)   A user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of ten thousand dollars ($10,000.00) but not less than one thousand dollars ($1,000.00) 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 Superintendent 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.
   (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, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
   (D)   Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Ord. 2015-12, passed 8-7-15)
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