(A) Emergency suspension of service.
(1) The authority may for good cause shown suspend the wastewater treatment service to a discharger when it appears to the authority that an actual or threatened discharge presents or threatens an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interfere with the operation of POTW, or violate any pretreatment limits imposed by this subchapter. Any discharger notified of the suspension of the authority's wastewater treatment service shall immediately and effectively halt or prevent all discharges. In the event of failure of the discharger to comply voluntarily with the suspension order within the specified time, the authority shall commence judicial proceedings immediately thereafter to compel the discharger's compliance with such order. The authority shall reinstate 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.
(2) The authority 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 authority 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 authority 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 authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the authority that the period of endangerment has passed, unless the termination proceedings in division (B) of this section 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 authority prior to the date of any show cause or termination hearing under divisions (C) or (D) of this section.
(B) Termination of discharge.
(1) The authority may seek to terminate the wastewater treatment services to any user who violates the following conditions:
(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 discharger's premises by representative of the authority for the purpose of inspection, monitoring, or sampling;
(e) Violation of the pretreatment standards in § 50.057 of this chapter; or
(f) Violation of the conditions of this subchapter, or any final judicial order entered with respect thereto.
(2) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under division (D) of this section why the proposed action should not be taken. Exercise of this option by the authority shall not be a bar to, or a prerequisite for, taking any other action against the user.
(C) Notification of violation - administrative adjustment. When the authority finds that a user has violated, or continues to violate, any provision of this subchapter including division (B) above, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the authority may serve upon or cause to be served upon that user a written notice of violation personally or by certified mail, return receipt requested. Within 30 days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the authority. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the authority to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(D) Show cause hearing. The authority may order a user which has violated, or continues to violate, any provision of this subchapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the authority and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in § 50.046 and required by § 50.056(C). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. The proceedings at the hearing shall be considered by the authority which shall then enter appropriate orders with respect to the alleged improper activities of the discharger in accordance with I.C. 4-22-1-14.
(E) Judicial proceedings. Following the entry of any order by the authority with respect to the conduct of a discharger contrary to the provisions of division (B) hereof, the attorney for the authority may, following the authorization of such action by the authority, commence an action for appropriate legal and/or equitable relief in the Henry County Circuit or Superior Court.
(F) Enforcement actions - annual publication.
(1) A list of all significant dischargers which were the subject of enforcement proceedings pursuant to this section during the 12 previous months, shall be annually published by the authority in the largest daily newspaper, published in the municipality in which the authority is located, summarizing the enforcement actions take against the dischargers during the same 12 months who were in significant noncompliance.
(2) A significant industrial user is in significant noncompliance if its violation meets the criteria in § 55.062.
(G) Right of appeal. Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the authority on any matter covered by this subchapter and shall be entitled to a prompt written reply. In the event that such inquiry is by a discharger and deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger's request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this subchapter may be taken in accordance with I.C. 4-22-1-14.
(H) Operating upsets.
(1) Any discharger which experiences an upset in operations which places the discharger in a temporary state of non-compliance with this subchapter shall inform the authority thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the authority within five days. The report shall specify:
(a) Description of the upset, the cause thereof and the upset's impact on a discharger's compliance status;
(b) Duration of non-compliance, including exact dates and times of non-compliance, and if the non-compliance continues, the time by which compliance is reasonably expected to occur; and
(c) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions on non-compliance.
(2) A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the authority against a discharger for any non-compliance with the subchapter which arises out of violations alleged to have occurred during the period of the upset.
(I) Consent orders. The authority may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to divisions (J) and (K) of this section and shall be judicially enforceable.
(J) Compliance orders. When the authority finds that a user has violated, or continues to violate, any provision of this subchapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the authority may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. 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.
(K) Cease and desist orders. When the authority finds that a user has violated, or continues to violate, any provision of this subchapter, 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 authority may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) Immediately comply with all requirements; and
(2) 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. 12-2683, passed 8-20-12)