(a) Sewer Service Suspension. The City may suspend the sewer service and/or an IU Discharge Permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes a violation of any condition of the City's NPDES Permit. Any person notified of a suspension of the sewer service and/or the IU Discharge Permit shall immediately stop or eliminate the discharge of wastewater to the POTW. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize danger to the POTW or endangerment to any individual. The City shall reinstate the IU Discharge Permit and/or the sewer service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any further occurrence shall be submitted to the City prior to reinstating sewer service.
(b) Revocation of Permit. Any user who violates the conditions of this chapter, refuses reasonable access to the user's premises for the purpose of inspection or monitoring, violates conditions of a discharge permit or any final judicial order entered with respect thereto, or violates applicable State and Federal regulations, is subject to having the user's discharge permit revoked.
(c) Notice of Violation. Whenever the Director finds that any user has violated or is violating this chapter, IU Discharge Permit, or any prohibition, limitation or requirements contained herein, the City may serve upon such person written notice either personally or by regular mail, stating the nature of the violation. Within ten days of the date of receipt of the notice, a written response shall be submitted by the User to the Director advising of its position with respect to the allegations. Thereafter, the parties may meet to ascertain the veracity of the allegations and where necessary, establish a plan for the satisfactory correction thereof.
(d) Show Cause Hearing. Where any violation of this chapter is not corrected by timely compliance, the Director may order the user to show cause before the City why the proposed permit revocation or other additional enforcement actions should not be taken. A written notice shall be served specifying the time and place of a hearing to be held by the City regarding the violation; why the enforcement action is taken; the proposed enforcement action; and directing the user to show cause why such action(s) should not be taken. The notice of the hearing shall be served no less than ten days before the hearing.
Service may be made on any agent, officer, or authorized representative of the user. The proceedings at the hearing shall be considered by the City which shall then enter appropriate orders with respect to the activities of the user, and serve such orders onto the user in writing. Appeal of such orders may be taken by the user in accordance with applicable law.
(e) Judicial Proceedings. Following the entry of an order by the City with respect to the conduct of a user contrary to the provisions of this chapter, the Director of Law may, following the authorization of such action by the City, commence an action for appropriate legal and/or equitable relief in the appropriate court.
(f) Right of Appeal. Any user or any interested party aggrieved by the denial of an application for a discharge permit, by the terms and conditions imposed with respect to any discharge permit, or by any enforcement determination made pursuant to this chapter, may file an appeal with the Director. Appeals shall be perfected within thirty days to the Director by filing a written notice. The appeal must state the action or actions appealed from, and must contain a short, plain statement of the reason or reasons why the person believed the action to be incorrect. The Director may respond to the appeal in writing or schedule a hearing within fifteen days of receiving said appeal. The Director's decision on the appeal is final. Appeal of any final judicial order entered pursuant to this chapter may be taken in accordance with local and state law.
(g) Operating Upsets. Any user which experiences an upset in operations which places the user in a temporary state of non-compliance with this chapter or a permit issued pursuant hereto shall inform the City immediately. Where such information is given orally, a written follow-up report shall be filed by the user within five days.
(h) Bypass. Bypassing is prohibited and the Director may take enforcement action against a user for a bypass unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(2) There was no feasible alternative to the bypass; however, this condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgement to prevent bypass which occurred during periods of equipment downtime or preventive maintenance; and
(3) The industrial user submitted proper notice of bypass.
A. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above. If an IU knows in advance of the need for a bypass, it shall submit prior notice to the Director, if possible at least ten days before the date of bypass. An IU shall submit oral notice of an anticipated bypass that exceeds pretreatment limits to the POTW and Director within twenty-four hours from the time the user becomes aware of the bypass. A written submission as described in 40 CFR, 403.17(c) shall also be provided within five days of the time the user becomes aware of the bypass. An IU may allow any bypass to occur which does not cause pretreatment limits to be violated, but only if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions listed above.
(i) SNC Publication. The City shall publish a list in the largest daily newspaper served by the POTW by the date specified in the City's current NPDES permit of all IUs who are in significant noncompliance with pretreatment requirements as defined at Section 915.01(b)(72).
(j) Enforcement Response Plan. The City shall develop and implement an enforcement response plan (ERP) approved by the OEPA. The purpose of this ERP shall be to identify IU noncompliances with this chapter or applicable permit requirements, select an appropriate enforcement response, and resolve noncompliance in a timely, fair and consistent manner. This plan may include enforcement actions such as, but not limited to, the following: courtesy phone call; notice of violation; administrative order; administrative fine; sewer and/or potable water service termination; civil or criminal penalties; referral to OEPA; and publication in the largest daily newspaper within the City's service area.
(Ord. 8-96. Passed 2-5-96.)