(A) Penalties for late reports. A penalty of $300 shall be assessed to any user for each day that a report required by this subchapter, a permit or order issued hereunder is late, beginning five days after the date the report is due (higher penalties may also be assessed where reports are more than 30-45 days late). Actions taken by the authority to collect late reporting penalties shall not limit the authority's authority to initiate other enforcement actions that may include penalties for late reporting violations.
(B) Performance bonds. The authority may decline to issue or reissue an individual wastewater discharge permit or a general permit to any user who has failed to comply with any provision of this subchapter, a previous individual wastewater discharge permit, or a previous general permit or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the superintendent to be necessary to achieve consistent compliance.
(C) Liability insurance. The authority may decline to issue or reissue an individual wastewater discharge or a general permit to any user who has failed to comply with any provision of this subchapter, a previous individual wastewater discharge permit, or a previous general permit or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
(D) Payment of outstanding fees and penalties. The authority may decline to issue or reissue an individual wastewater discharge permit or a general permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this chapter, a previous individual wastewater discharge permit, or a previous general permit or order issued hereunder.
(E) Water supply severance. Whenever a user has violated or continues to violate any provision of this subchapter, an individual wastewater discharge permit, a general permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply.
(F) Public nuisances. A violation of any provision of this subchapter, an individual wastewater discharge permit, a general permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the authority. Any person(s) creating a public nuisance shall be subject to the provisions of Chapter 93 of the Shelbyville Code of Ordinances governing such nuisances, including reimbursing the City of Shelbyville for any costs incurred in removing, abating, or remedying said nuisance.
(G) Informant rewards. The authority may pay up to $100 for information leading to the discover of noncompliance by a user. In the event that the information provided results in a civil penalty or an administrative fine levied against the user, the authority may disperse up to 10% of the collected fine or penalty to the informant. However, a single reward payment may not exceed $5,000.
(H) Contractor listing. Users which have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the city. Existing contracts for the sale of goods or services to the city held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the authority.
(Ord. 12-2683, passed 8-20-12)