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§ 54.81 EMERGENCY SUSPENSION.
   (A)   The Superintendent may immediately suspend a user's discharge, after formal notice to the user, whenever the 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 Superintendent may also immediately suspended 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.
      (1)   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 Superintendent may take any 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 Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in § 54.82 are initiated against the user.
      (2)   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 Superintendent prior to the date of any show cause or termination hearing.
   (B)   Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ord. 842, passed 4-1-2000)
§ 54.82 TERMINATION OF DISCHARGE.
   (A)   Any user who violates the following conditions is subject to discharge termination:
      (1)   Violation of wastewater discharge permit conditions;
      (2)   Failure to accurately report the wastewater constituents and characteristics of its discharge;
      (3)   Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
      (4)   Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; and/or
      (5)   Violation of the pretreatment standards in this chapter.
   (B)   The user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 842, passed 4-1-2000)
§ 54.83 PUBLIC NUISANCES.
   A violation of any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pertinent standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Superintendent. Any person(s) creating a public nuisance shall be subject to the provisions of the city governing nuisances, including reimbursing the city for any costs incurred in removing, abating or remedying the nuisance.
(Ord. 842, passed 4-1-2000)
JUDICIAL ENFORCEMENT REMEDIES
§ 54.95 INJUNCTIVE RELIEF.
   When the Superintendent finds that a user has violated, or continues to violate any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may petition the County Circuit Court, through the City Attorney, for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this chapter on activities of the user. The Superintendent may also seek any other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Ord. 842, passed 4-1-2000)
§ 54.96 CIVIL PENALTIES.
   (A)   A user who has violated or continues to violate any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of $2,500 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
   (B)   The Superintendent may recover reasonable attorneys' fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
   (C)   In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violations, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
   (D)   Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Ord. 842, passed 4-1-2000)
§ 54.97 REMEDIES NONEXCLUSIVE.
   The remedies provided for in this chapter are not exclusive. The Superintendent 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 Superintendent may take other action against any user when the circumstances warrant. Further, the Superintendent is empowered to take more than one enforcement action against any noncompliant user.
(Ord. 842, passed 4-1-2000)
PRETREATMENT PROGRAM ENFORCEMENT RESPONSE PLAN
§ 54.105 INTRODUCTION.
   On July 24, 1990 (55 Fedora. 30082), the Environmental Protection Agency promulgated regulations to require all Publicly Owned Treatment Works (POTWs) to adopt an enforcement response plan (ERP) as part of their approved pretreatment programs. The regulation as stated in 40 CFR 403.8(1) (5) is as follows:
   (A)   The POTW shall develop and implement an enforcement response plan. This plan shall contain detailed procedures indicating how a POTW will investigate and respond to instances of industrial user noncompliance. The plan shall, at a minimum:
      (1)   Describe how the POTW will investigate instances of noncompliance;
      (2)   Describe the types of escalating enforcement responses the POTW will take in response to all anticipated types of industrial user violations and the time periods within which responses will take place;
      (3)   Identify (by title) the official(s) responsible for each type of response;
      (4)   Adequately reflect the POTWs primary responsibility to enforce all applicable pretreatment requirements and standards, as detailed in 40 CFR 403.8(f) (1) and (f)(2).
   (B)   The ERP outlines the procedures that will be used to identify, document, track and respond to noncompliance. The ERP also provides guidance for selecting the enforcement action most appropriate for a given violation.
(Ord. 948, passed 1-3-2006)
§ 54.106 PURPOSE.
   The purpose of the ERP is to provide consistent enforcement responses for similar violations and circumstances. The ERP describes violations, defines a range of appropriate enforcement actions based on the nature and severity of the violation and other relevant factors, and identifies personnel responsible for finalizing enforcement responses.
(Ord. 948, passed 1-3-2006)
§ 54.107 ADMINISTRATION AND JURISDICTION.
   All entities discharging nondomestic waste to the POTW are subject to the provisions of the ERP. The control authority consistently administers and implements all elements of the ERP. The ERP does not preclude the control authority from taking any, all, or any combination of actions against a noncompliant industrial ERP.
(Ord. 948, passed 1-3-2006)
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