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(a) Declaration of a public nuisance. Wastewater discharge in violation of this article is hereby declared a public nuisance and shall be corrected or abated as directed by the Public Works Director.
(b) Enforcement provisions. The City can require compliance with permit conditions or limitations by issuing administrative orders that shall be enforceable in a court or by direct court action.
(c) Administrative order.
(1) Cease and desist orders. When the City finds that the wastewater discharge is in violation of this article or the provisions of a wastewater discharge permit, the Public Works Director may issue a cease and desist order and direct that the user not in compliance:
(i) Comply immediately; or
(ii) Comply in accordance with time schedule set forth by the City.
(2) Termination of service. The City may revoke any industrial waste discharge permit or physically terminate wastewater or water service to any non-complying industry. Twenty-four (24) hours prior to taking any action to terminate water or wastewater service, the subject user will receive written notification of the proposed termination. All City costs for terminating service and for reinstating service shall be paid by the user before any reconnection is made.
(d) Civil action.
(1) Injunction. Whenever a wastewater discharger is in violation, the City may petition the Superior Court for the issuance of a temporary restraining order or a preliminary injunction or permanent injunction or any or all of these, as may be appropriate to restrict or discontinue the discharge.
(2) Civil penalties. Any person who violates any pretreatment standards and/or requirements or who, due to a hazardous or toxic discharge, causes damage to the wastewater system or its operation shall be liable civilly for a penalty not to exceed Ten Thousand and no/100ths ($10,000.00) Dollars for each day in which such violation occurs. The legal counsel of the City, upon order of the City Council, shall petition the Superior Court to impose, assess and recover such penalties.
(3) Criminal penalties. Any person who violates any provision of this article, or a permit condition, or who violates any administrative cease and desist order, prohibition or effluent limitation shall be guilty of a violation of this article and may be punished pursuant to Title 1, Chapter 2 of this Code.
(e) Unlawful discharges, damages, liability. If the Public Works Director finds that any person has discharged any liquid or solid wastes into the wastewater system of the City in violation of the provisions of this article and that such discharge caused damage to the wastewater system of the City, or caused increased operating costs, or diminished the efficiency of the treatment processes, the Public Works Director shall estimate the value of the damage and either add that sum to that person's next regular wastewater service billing or directly bill the responsible party. The bill shall represent a civil debt to the City and shall include the following:
(1) The wastewater system repair cost;
(2) System depreciation due to damages not repaired;
(3) Additional operating costs;
(4) The value of the loss of wastewater treatment plant operating efficiency, based upon the City's normal operating costs and the extent to which the performance of the plant was reduced below normal as a result of such improper discharge.
All charges made pursuant to this subsection are due and payable upon receipt of notice and become delinquent thirty (30) days after mailing such notice.
(f) Falsifying information. No person shall knowingly make any false statements, representation, record, report, plan or other document filed with the City or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required under this article.
(g) Appeals. Any user, permit applicant or permit holder affected by any decision, action or determination, including cease and desist orders, made by the Public Works Director in interpreting or implementing the provisions of this article or any permit issued herein, may file with the City Manager a written request for reconsideration, within not more than ten (10) days after the date of the decision, action or determination or sooner if the decision, action or determination is to be implemented, summarily setting forth in detail the facts and reasons supporting the user's request for reconsideration. The City Manager shall render a decision on the request in writing, within fifteen (15) days after receipt of the request. If the ruling is contested, the person requesting reconsideration may, within ten (10) days after notification of the City Manager's decision, file a written appeal with the City Council which sets forth in full the facts, reasons and grounds for the appeal. The written appeal shall be heard by the City Council within thirty (30) days from the date of filing. The City Council shall make the final ruling on the appeal within sixty (60) days from the date of filing.
(h) The remedies found in this article are cumulative and are in addition to any other procedures found in this section or any other applicable law.
(Ord. 1515-NS, eff. June 5, 2009)