(A) Notice of violation.
(1) Notice by the town.
(a) Whenever the town finds that any person has violated or is violating this subchapter, a wastewater construction permit, a service permit, or any prohibition, limitation, or requirement contained in this subchapter, state or federal regulation, or permit, the Mayor or his or her duly authorized representative may serve upon such a person a written notice stating the nature of the violation. A verbal notice shall be sufficient in emergency situations.
(b) If required within the notice, an explanation of the violation and a plan for a satisfactory correction of the violation shall be submitted to the town within 15 days from the date of the notice of violation. Submission of this plan shall not relieve the person of liability for any violations occurring before or after issuance of the notice of violation. Nothing in this section shall limit the authority of the Chief Operator to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(c) Notices of violations shall be classified as either nonsignificant or significant non-compliance. Significant violations shall be as defined in § 50.072.
(2) Notice by the user. Whenever a user becomes aware of a discharge violation, such user shall notify the town of the violation within 24 hours of becoming aware of the violation.
(B) Administrative orders.
(1) The Mayor or his or her duly authorized representative is empowered to issue, negotiate, and enter into, administrative orders for the express purpose of ensuring compliance with this subchapter, permits, state and federal regulations, etc. Administrative orders shall be issued in the following forms:
(a) Consent order;
(b) Compliance order;
(c) Show cause order;
(d) Cease and desist order.
(2) Administrative orders shall be the instruments used by the town to instruct a user found violating the provisions of this subchapter to satisfactorily correct such violations. Administrative orders shall include a specified period of time for such violations to be permanently corrected. For violations deemed nonsignificant the specified period of time shall not exceed 60 days, unless the offender can prove beyond a reasonable doubt that such time frame is not reasonable. Cost to the offender will not be considered as justification for a time extension. For violations deemed significant, the town may develop compliance schedules to bring dischargers into compliance with general pretreatment program requirements. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the industrial user to meet the applicable categorical pretreatment standards. No increment referred to in this division shall exceed nine months. Not later than 14 days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the control authority including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports to the town.
(3) Consent orders shall be entered into by the town and a user as a method of ensuring voluntary compliance with the provisions of the article, permits, regulations, etc. 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.
(4) Compliance orders shall be issued by the town when it is determined that a user has violated or continues to violate this subchapter, or a permit, or a regulation, or an order previously issued. Compliance orders shall be issued by the town when in the towns opinion that voluntary compliance by the user is unobtainable with the use of a consent order. Compliance orders may be issued to the user responsible for the violation directing that, following a specified period of time, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the non-compliance, including the installation of pretreatment technology, additional self-monitoring and management practices. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(5) Show cause orders shall be issued by the town directing a user found to be in noncompliance with this subchapter, or a permit, or a regulation, etc. to appear before the town to explain its noncompliance and to show cause why more severe enforcement actions against the user should not go forward.
(6) Cease and desist orders may be issued by the town when it is found that a user has violated or continues to violate this article or any permit, or order, or regulation, etc. The cease and desist order may direct the user in noncompliance to:
(a) Comply forthwith;
(b) Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatening violation, including halting operations and 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.
(7) The terms or directives of any administrative order issued by the town may or may not be negotiated with the user determined to be in non-compliance.
(C) Adjudicatory hearing; informal conference.
(1) An adjudicatory hearing may be convened by the town when:
(a) The town has issued an administrative order to a user determined to be in non-compliance;
(b) Requested by the user within 15 days following final administrative action or decision by the town or any violation, application, permit, certificate or other licensing matter.
(2) An information conference prior to an adjudicatory hearing may be convened at the request of the user found in non-compliance. The informal conference shall not delay any scheduled adjudicatory hearing date. If the request is granted by the town, the informal conference convened may explore ways and means to obtain compliance by consent without the necessity of a formal adjudicatory hearing.
(3) Notice of the adjudicatory hearing to the user shall be served personally or by registered or certified mail (return receipt requested) at least ten
days prior to hearing date. Service may be made on any agent or officer of the user.
(4) A hearing office or officers may be appointed by the town to preside over the adjudicatory hearing. The hearing officer may be an employee of the town or be specifically appointed for such purpose. The hearing officer shall have no connection with the preparation or presentation of the evidence at the hearing.
(5) At any adjudicatory hearing, testimony shall be taken under oath and recorded stenographically. The transcript as recorded shall be made available to any number of the public or any party of the hearing upon payment of the costs of the recorded copy.
(D) Administrative fines; penalties; violations.
(1) Any person found guilty of a violation shall be guilty of a misdemeanor, may be tried by any magistrate or town recorder in the county and, upon conviction, shall be subject to a fine in an amount up to $200 or confinement for a period up to 30 days for each violation.
(2) Notwithstanding any other section of this subchapter, any user who is found to have violated any provision of this subchapter, or permits and orders issued hereunder, shall be fined in an amount up to $2,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the town shall have such other collection remedies as the town 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 must file a request for the town to reconsider the fine within ten days of being notified of the fine. Where the town believes a request has merit, the town shall convene a hearing on the matter within 15 days of receiving the request for the industrial user.
(3) In the event of noncompliance with any provisions of this subchapter this town may, in addition to criminal penalties, secure civil injunctive relief against the noncomplying user. In the event of an emergency the town shall have the right to immediately terminate the use of the system and require that the discharger correct any deficiency.
(4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(E) Emergency suspensions.
(1) The town may suspend the waste water treatment service and/or waste water permit of an industrial user, after informal notice to the 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.
(2) Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the town 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 town shall allow the user to recommence its discharge when the endangerment has passed unless the termination proceedings are initiated against the user.
(3) An industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement, within five days of service suspension, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the town prior to the date of the hearing described above. Resumption of service will not be considered until such written report has been submitted to the town.
(4) A hearing shall be held within 15 days of the notice of emergency suspension to determine whether the suspension may be lifted or the user's permit terminated. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(F) Termination of permit / discharge.
(1) Users of the town's sewer system required to obtain wastewater construction and service permits shall be subject to permit termination based on the following:
(a) Failure to notify the town of significant changes to the wastewater prior to the changed discharge;
(b) Failure to provide prior notification to the town of changed conditions pursuant to the provisions of this subchapter;
(c) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(d) Falsifying self-monitoring reports and certification statements;
(e) Tampering with monitoring equipment;
(f) Refusing to allow the town timely access to the facility premises and records;
(g) Failure to meet effluent limitations;
(h) Failure to pay fines;
(i) Failure to pay sewer charges;
(j) Failure to meet compliance schedules;
(k) Failure to complete a wastewater survey or the wastewater discharge permit application;
(l) Failure to provide advance notice of the transfer of business ownership of a permitted facility; or
(m) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this chapter.
(2) Non-compliance users shall be notified of the proposed termination of their wastewater permit(s) and be offered an opportunity to show cause why the proposed action should not be taken. Exercise of this option by the Chief Operator shall not be a bar to, or a prerequisite for, taking any other action against the user.
(G) Judicial remedies.
(1) If any person discharges sewage, industrial wastes or other wastes into the wastewater disposal system contrary to the provisions of this subchapter, or to the laws of this state, or any order or permit issued hereunder, the Mayor, through the Town Attorney, may commence at action for appropriate legal and/or equitable relief in the civil court of the county.
(H) Injunctive relief. The Mayor may, in the name of the town, file in Common Pleas Court, a suit seeking the issuance of an injunction, damages, or other appropriate relief to enforce the provisions of this subchapter or other applicable law or regulation and the determination of the hearing examiner. Suit may be brought on behalf of the town, at the same time or separately, to recover any and all damages suffered by the town as a result of any action or inaction of any user or other person who causes or suffers damage to occur to the POTW or for any other expense, loss or damage of any kind or nature suffered by the town. Such damages shall include, but not be limited to, claims for damages, takings, losses, expenses, costs, fines, penalties and professional fees for which the town may become liable or responsible and which arise out of or result from the user's non-compliance with its permit or the user's violation of state or federal pollution control laws, rules or regulations. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(I) Civil penalties.
(1) Any industrial user who has violated or continues to violate this subchapter or any order or permit issued hereunder, shall be liable to the town for a civil penalty of not more than the maximum allowable under state law e.g., $2,000 but at least $1,000, state law permitting 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 town may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities including sampling and monitoring expenses, and the cost of any actual damages incurred by the town.
(2) The town shall petition to 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) Filing a suit for civil penalties shall not be a bar against, or a prerequisite form, taking any other action against a user.
(J) Criminal prosecution.
(1) Any user who willfully or negligently violates any provisions of this subchapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of up to $2,000 per day or imprisonment for not more than one year or both.
(2) A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of up to $2000 per day or imprisonment for not more than one year or both.
(3) A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, individual wastewater discharge permit or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of up to $2000 per day or imprisonment for not more than one year or both.
(4) In the event of a second conviction, the user shall be punishable by a fine not to exceed $2,000 per violation per day or imprisonment for not more than three years or both.
(5) Facts or circumstances which tend to indicate a criminal activity or action by any person may be reported to the proper state and federal law enforcement agencies for prosecution.
(K) Annual publication of significant violators.
(1) The Chief Operator shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements, as defined in § 50.072.
(Ord. 11-01, passed 1-3-11; Am. Ord. 19-04, passed 5-6-19; Am. Ord. 22-07, passed 5-2-22; Am. Ord. 23-06, passed 4-4-23)