The enforcement alternatives, the procedures for implementing the different responses, and the persons responsible for each response are as follow:
(A) Notice of violation (NOV). The NOV is authorized by § 53.121, and is issued as a response to any violation of a user’s permit or the ordinance. The NOV may be issued by the Superintendent or the Assistant Superintendent, who, along with laboratory technicians, bear the responsibility for determining the existence of a violation. The existence of a violation should be discovered within five working days of the receipt of monitoring date, either that submitted by the permit holder or that independently acquired by the POTW. The NOV informs the permit holder of the time allowed to remedy the violation and instructs the permit holder to furnish to the superintendent a written report detailing the reason for the violation and the method of correction. The Superintendent or Assistant Superintendent will make any appropriate decision regarding increased monitoring or reporting requirements and notify the violator upon correction of the violation.
(B) Administrative fines. If a violation occurs and is not remedied within the time allowed in the NOV, or if the POTW is required to suspend service on an emergency basis, an administrative fine may be levied in an amount of not less than $200 nor more than $1,000 per day, with each day of violation deemed a separate event for purposes of levying the fine. It is the responsibility of the Assistant Superintendent or the Superintendent to determine whether a violation had been adequately remedied after a NOV or whether a fine is appropriate, and to determine the proper amount of the fine, taking into consideration such factors as the seriousness of the violation, any past violations of this permit holder, the permit holder’s ability to prevent the violation, and the good faith effort to correct the violation, and any other appropriate factors.
(C) Revocation of permit; termination of sewer services. Section 53.123 allows the Superintendent to revoke the permit of any user which continues a violation beyond the time slated in a NOV by notifying the user in writing of his or her intention to revoke the permit with 14 days’ notice. The permit may also be suspended without notice if necessary, in the opinion of the Superintendent, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, the environment, cause interference to the POTW or cause the POTW to violate any condition of its NPDES/KPDES permit. The existence of any of these criteria also allows the Superintendent to suspend sewer service to any user without prior notice.
(D) Civil action. Section 53.126 authorizes the POTW to commence legal action in any court of appropriate jurisdiction for enforcement or collection of unpaid fines or for other “appropriate relief” for improper discharges, including injunctive relief to prohibit further discharges and damages, including costs and fees associated with litigation. The individuals responsible for collecting evidence and assisting legal counsel during any litigation including the Superintendent, Assistant Superintendent for Sewer Systems, and laboratory technicians.
(Ord. 95-08, passed 3-7-95; Am. Ord. 11-30, passed 12-13-11; Am. Ord. 13-25, passed 11-12-13)