Loading...
Duly authorized employees and representatives of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds an easement for the purpose of, but not limited to, construction, inspection, observation, measurement, sampling, repair, and maintenance of any portions of the wastewater facilities lying within said easement. All entry and subsequent work, if any on said easement shall be done in full accordance with the terms of the easement pertaining to the private property involved.
(Ord. O-2019-01, passed 1-28-19)
While performing the necessary work on private properties referred to in § 52.127, all duly authorized employees of the city shall observe all safety rules applicable to the premises established by the property owner. The city shall secure the property owner against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the property owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the property owner to maintain safe conditions as required by this chapter.
(Ord. O-2019-01, passed 1-28-19)
ENFORCEMENT
(A) The city, through the Pretreatment Coordinator or his or her designee, to insure compliance with this chapter, and as permitted through 40 CFR Subchapter N, and 401 KAR 5:055, may take the following enforcement steps against users in non-compliance with the ordinance. The remedies available to the POTW include injunctive relief, civil and criminal penalties, immediate discontinuance of discharges and/or water service and the publishing of the list of significant violators annually. The enforcement authority shall be vested in the Pretreatment Coordinator or his/her designee.
(B) The Pretreatment Coordinator may suspend the wastewater treatment service and/or an industrial user permit when such suspension is necessary, in the opinion of the Pretreatment Coordinator, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the POTW to violate any condition of its NPDES/KPDES permit.
(C) Any user notified of a suspension of the wastewater treatment service and/or the industrial user permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary including immediate severance of the sewer connection and/or water service to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the industrial user permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days of the date of occurrence.
(Ord. O-2019-01, passed 1-28-19)
(A) Any user found to be violating any provisions of this chapter, wastewater permit, or any order issued hereunder, shall be served by the city with written notice stating the nature of the violation(s). The user shall submit a written explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Pretreatment Coordinator. Submission of this plan in no way relieves the user of potential liability for any violation occurring before or after receipt of the notice of the violation.
(B) If the violations persist or the explanation and/or plan are not adequate, the city’s response shall be more formal and commitments (or schedules as appropriate) for compliance will be established in an enforceable document. The enforcement response selected will be related to the seriousness of the violation. Enforcement responses will be escalated if compliance is not achieved expeditiously after the initial action. Identification of significant non-compliance as defined in § 52.094, will require a formal enforcement action.
(C) The full scale of enforcement actions and implementation of such is as detailed in the city’s enforcement response plan.
(Ord. O-2019-01, passed 1-28-19)
(A) Any user who after receiving a notice of violation shall continue to discharge in violation of this chapter or other pretreatment standards or requirements or is determined to be a chronic or persistent violator or who is determined to be a significant violator, shall be ordered to appear before the city. At said appearance, a compliance schedule will be given to the non-conforming user and an administrative fine assessed. The fine shall be determined on a case-by-case basis which shall consider the type and severity of violations, duration of violation, number of violations, severity of impact on the POTW, impact on human health, the user’s economic benefit from violation, history of violations, good faith of the user, and shall be a non-arbitrary but appropriate amount.
(B) The administrative order may take any of the following three forms:
(1) Consent orders. The Pretreatment Coordinator or his or her designee 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 will 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 orders issued pursuant to § 52.144.
(2) Compliance orders. When the Pretreatment Coordinator or his or her designee finds that an industrial user has violated or continues to violate the ordinance or a permit or order issued hereunder, he or she 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 best management practices.
(3) Cease and desist orders. When the Pretreatment Coordinator finds that an industrial user has violated or continues to violate this chapter or any permit or order issued hereunder, the Pretreatment Coordinator may issue an order to cease and desist all such violations and direct those persons in noncompliance to: a) comply forthwith, or 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.
(4) Show cause hearing.
(a) The Pretreatment Coordinator or his or her designee may issue to any user who causes or contributes to violations of this chapter, wastewater permit or order issued hereunder, an order to appear and show cause why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Pretreatment Coordinator regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause, before the Pretreatment Coordinator, why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of the industrial user. Whether or not a duly notified industrial user or its representative appears, immediate enforcement action may be pursued.
(b) The city may itself conduct the hearing and take the evidence, or designate a representative to:
1. Issue, in the name of the city, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing;
2. Take the evidence; and/or
3. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city for action thereon.
(c) At any hearing held pursuant to this chapter, testimony may be taken under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(d) After the city has reviewed the evidence, it may issue an order to the user responsible for the violating discharge directing that, following a specified time period, the sewer service will be discontinued unless adequate treatment facilities, devices, or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(Ord. O-2019-01, passed 1-28-19)
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, may be fined in an amount not to exceed five thousand dollars ($5,000) per violation for each day in 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 Pretreatment Coordinator shall have such other collection remedies as needed to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the user’s property. Users desiring to dispute such penalties must file a written request for the City Manager of the city to reconsider the penalty within ten (10) business days of being notified of the penalty. Where the City Manager believes an appeal has merit, he or she shall convene a hearing on the matter within fifteen (15) days of receiving the appeal from the user. The City Manager’s final decision shall be binding.
(Ord. O-2019-01, passed 1-28-19)
Loading...