(a) The Director and other authorized employees of the City with proper credentials and identification shall be permitted to enter at reasonable times all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The Director or his representative shall be given access to and allowed to copy any records, forms, or reports necessary to ensure compliance with all applicable discharge requirements, hazardous waste requirements and pretreatment requirements which shall include, but not be limited to, any hazardous wastes manifests, chemical inventories, solid or liquid disposal reports, material safety data sheets (MSDS), discharge analysis, or any other related records. The Director or his representative shall have no authority to inquire into any processes beyond that point having a direct bearing on the kind and source of discharge to the sewers and waterways or facilities for waste treatment. They shall observe all safety regulations which are applicable to the premises.
(b) Whenever the Director or his agent finds that any industrial discharger has violated or is violating this ordinance, or a wastewater permit, or order issued hereunder, the Director or his agent may serve upon said user a written notice of violation. Within ten (10) working days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Director or his agent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after the receipt of the notice of violation.
(c) If the Director determines that the violation did not occur, the Director shall notify the discharger of that determination.
(d) If the Director determines that the violation occurred and that the discharger's corrective plan is reasonable and appropriate, the Director may (1) issue a civil penalty or fine under Section 916.99 (a) or (b), (2) approve the corrective plan, or (3) both. Approved corrective plans shall become part of the discharger's Local Permit.
(e) If the Director determines that the violation occurred and that the Discharger has failed to submit a reasonable and appropriate corrective plan, the Director may issue an order to the Discharger to show cause why enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the violation(s) to be considered, available enforcement actions, and requiring that the user show cause why available 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 (10) days prior to the hearing. Such notice may be served on any principal executive, general partner of corporate officer. Whether or not a duly notified industrial discharger appears as noticed, immediate enforcement action may be pursued.
(f) Notwithstanding the provisions of subsections (b) through (e) above, the Director may immediately suspend the wastewater treatment services of a discharger when it reasonably appears to the Director 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 the POTW, violate any pretreatment limits imposed by this ordinance or a Local Permit issued pursuant to this ordinance.
(g) The City of Springfield may revoke the Local Permit and/or disconnect the service of any discharger which:
(1) Fails to factually report the wastewater constituents and characteristics of its discharge in any baseline, quarterly or any other required report;
(2) Fails to report significant changes in the wastewater constituents or characteristics;
(3) Refuses reasonable access to the discharger's premises by representatives of the City of Springfield for the purpose of inspecting or monitoring;
(4) Violates the conditions of its Local Permit, or this ordinance, or any final judicial order entered with respect thereto.
(h) Any Discharger notified of the revocation or suspension of the City's wastewater treatment service shall within a period of time, as determined by the City, cease all discharges. In the event of failure of the discharger to comply voluntarily with the suspension order within the specified time, the City shall disconnect service lines from the main sewer system and may commence judicial proceedings to compel the discharger's compliance with such order. The City shall reinstate the wastewater Discharger's service and/or Local Permit when the Director is reasonably satisfied that the threat of imminent or substantial danger has been eliminated.
(i) Whenever an industrial discharger has violated or continues to violate the provisions of this ordinance or an order or Local Permit issued hereunder, water service to the industrial discharger may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
(j) In accordance with 40 CFR 403.8(f)(1)(iv) and OAC 3745-3-03(C)(1)(h), The remedies provided for in this ordinance are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with the City's enforcement response plan. However, the Director may take other action against any User when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant User.