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When The Control Authority 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 Control 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 rebated appurtenances are installed and properly operated. Compliance orders may also 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 national pretreatment standard or requirement, nor does a compliance order relieve the user of any violation. Issuance of 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.
(Ord. 2005-8-226, passed 8-2-05)
(A) When the Control Authority 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, or that the user's past violations are likely to recur, the Control 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.
(B) 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. 2005-8-226, passed 8-2-05; Am. Ord. 2007-06-291, passed 6-5-07)
(A) When the Control Authority 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 required pretreatment, the Control Authority may fine such user in the amount not to exceed $1,000. Such fines shall be assessed on a per violation, per day basis. The Control Authority may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(B) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 2005-8-226, passed 8-2-05)
(A) The Control 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 Control Authority may also immediately suspend a user's discharge, that threatens to interfere with the operation of the POTW, or will present or may present an endangering to the environment.
(1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its discharge. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Control Authority shall take such steps as deemed necessary, including immediate severance of the sewer connection or water service, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Control Authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Control Authority that the period of endangerment has passed unless time endangerment proceedings of this chapter are initiated against the user.
(2) If necessary, severance of the sewer connection or water service may occur without notice.
(3) A user that is responsible, in whole or in part, for any declared 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 Control Authority within ten business days.
(B) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ord. 2005-8-226, passed 8-2-05)
Any user that violates the provisions of this chapter is subject to discharge termination. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this chapter why the proposed action should not be taken. Exercise of this option by the Control Authority shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 2005-8-226, passed 8-2-05)
When the Control Authority 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 Control Authority may petition the appropriate court through the Control Authority's Attorney for the issuance or 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 Control Authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental mediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Ord. 2005-8-226, passed 8-2-05; Am. Ord. 2007-06-291, passed 6-5-07)
The Control Authority may recover reasonable attorney's fees, court costs, any other expenses associated with any and all enforcement activities provided by this chapter, including sampling and monitoring expenses, and the cost of any actual damages or fines incurred by the Control Authority.
(Ord. 2005-8-226, passed 8-2-05)
The remedies provided for in this chapter are not exclusive. The Control Authority may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violators will generally be in accordance with the Control Authority's enforcement response plan. However, the Control Authorities may take other action against any user permitted by state law.
(Ord. 2005-8-226, passed 8-2-05)
(A) For the purposes of this section,
UPSET
means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the user. An
UPSET
does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment tactics, lack of preventive maintenance, or careless or improper operation.
(B) An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of division (C) are met.
(C) A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the user can identify the cause(s) of the upset;
(2) The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and
(3) The user has submitted the following information to the Control Authorities as soon as possible but no later than 24 hours of becoming aware of the upset. If this information is provided orally, a written submission must be provided within five business days which shall include:
(a) A description of the indirect discharge and cause of noncompliance;
(b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue;
(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(D) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof.
(E) Users will have the opportunity for a judicial determination on any claims of upset only in an enforcement action brought for noncompliance with categorical pretreatment standards.
(F) Users shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(Ord. 2005-8-226, passed 8-2-05; Am. Ord. 2007-06-291, passed 6-5-07)
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