(A) General. The POTW may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the POTW, 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 violation to any condition of its NPDES permit. Any person notified of a suspension of the wastewater treatment service and/of the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the POTW shall take such steps as deemed necessary including immediate severance of the wastewater connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The POTW shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the non-complying 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 POTW within seven days of the date of occurrence. The POTW may randomly sample and analyze the effluent from industrial users and conduct surveillance and inspection activities in order to identify, independent of information supplied by industrial users, occasional and continuing non-compliance with pretreatment standards. The results of these surveillance and inspection activities shall be made available to the Regional Administrator or Director upon request.
(B) Revocation of permit. Any user who violates the following conditions of this subchapter, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures hereof:
(1) Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge;
(2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring; or
(4) Violation of conditions of the permit, or this subchapter, or any final judicial order entered with respect thereto.
(C) Notification of violation; administrative adjustment. Whenever the Town finds that any user has violated or is violating this subchapter, wastewater contribution permit or any prohibition, limitation of requirements contained herein, the Town may serve upon such person a written notice either personally or by certified or registered mail return receipt requested, stating the nature of the violation. Within 30 days of the date of receipt of the notice, a plan for the satisfactory correction thereof shall be submitted by the user, either personally or in writing to the Town and/or advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and where necessary, establish a plan for the satisfactory correction thereof.
(D) Show cause hearing. Where the violation of division (C) above is not corrected by timely compliance by means of the administrative adjustment, the Town may order any user which causes or allows conduct prohibited by division (B) above, to show cause before the Town or its duly authorized representative, why the proposed permit revocation action should not be taken. A written notice shall be served on the user by personal service, certified or registered, return receipt requested, specifying the time and place of a hearing to be held by the Town or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the user to show cause before the Town or its designee why the proposed enforcement action 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 a user. The proceedings at the hearing shall be considered by the Town which shall then enter appropriate orders with respect to the alleged improper activities of the discharger. Appeal of such orders may be taken by the user in accordance with applicable local or state law.
(E) Judicial proceedings. Following the entry of any order by the Town with respect to the conduct of a user contrary to the provisions of division (B) above, the Attorney for the Town may, following the authorization of such action by the Town, commence an action for appropriate legal and/or equitable relief in the appropriate local court in accordance with procedures established in § 54.999 of this chapter.
(F) Enforcement actions; annual publication. A list of all significant dischargers which were the subject of enforcement proceedings pursuant to this section during the 12 previous months, shall be annually published by the Town in the largest daily newspaper, published in the municipality in which the Town is located, summarizing the enforcement actions taken against the dischargers during the same 12 months whose violations remained uncorrected 45 or more days after notification of non-compliance; or which have exhibited a pattern of non-compliance over that 12-month period, or which involve failure to accurately report non-compliance.
(G) Right of appeal. Any user or any interested party shall have the right to request in writing an interpretation or ruling by the Town on any matter covered by this subchapter and shall be entitled to a prompt written reply. In the event that such inquiry is by a user and deals with matters of performance or compliance with this subchapter or deals with a wastewater discharge permit issued pursuant hereto for which enforcement activity relating to an alleged violation which is the subject, receipt of a user’s request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this subchapter may be taken in accordance with local and state law.
(H) Operating upsets.
(1) Any user which experiences an upset in operations which places the user in a temporary state of non-compliance with this subchapter or a wastewater discharge permit issued pursuant hereto shall inform the Public Works Director thereof within 24 hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the user with the POTW within five days. The report shall specify:
(a) Description of the upset, the cause thereof and the upset’s impact on a discharger’s compliance status;
(b) Duration of non-compliance, including exact dates and times of non-compliance, and if the non-compliance continues, the time by which compliance is reasonably expected to occur; and
(c) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of non-compliance.
(2) A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the Town against a user for any non-compliance with the ordinance or any wastewater discharge permit issued pursuant hereto, which arises out of violations alleged to have occurred during the period of the upset.
(I) Falsifying of information. Any person who knowingly makes any false statements, representation, record, report, plan or other document filed with the Town or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under these regulations shall be considered in violation of this subchapter.
(2005 Code, § 102.21)