(a) Authority of the Director.
(1) Whenever the Director finds that any user has violated or is violating this chapter, or any pretreatment standard, limitation or requirement, the Director may serve upon such user a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty (30) days, for the satisfactory correction thereof.
(2) If a violation is not corrected by timely compliance, the Director may issue an administrative order requiring any person who causes or allows an unauthorized discharge to show cause before the Director why sewer service should not be terminated.
(3) The Director may issue a notice to the industrial user responsible for a discharge that violates any requirement of this chapter stating that the sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed or existing treatment facilities, devices or other related appurtenances are properly operated.
(b) Compliance Schedule.
(1) When, in the opinion of the Director, it becomes necessary for industrial users to install technology or provide additional operation and maintenance to meet any condition of this chapter or applicable administrative order, the Director may require the development of the shortest schedule by which the industrial user will provide this additional technology or operation and maintenance.
(2) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events. Under no circumstances shall any increment exceed nine (9) months.
(3) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Director including, at a minimum, whether it has complied with the increment or progress to be met on such date and, if not, the date on which it expects to comply with the increment of progress, the reason for delay and the steps being taken to return to the schedule established.
(c) Suspension of Service and Discharge Permits. The Director may, for good cause shown, suspend the wastewater treatment service and the wastewater discharge permit of a user when it appears to the Director that an actual or threatened discharge presents an imminent or substantial danger to the health or welfare of persons, the environment or the XWWTP, or interferes with or threatens to interfere with the operation or performance of the XWWTP. Any user notified of the suspension of wastewater treatment services or their wastewater discharge permit shall immediately cease all discharges. In the event a user fails to immediately comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, including severance of the sewer connection.
(d) Revocation of Permit. The Director may revoke the wastewater discharge permit of any user who violates any condition of this chapter or of its permit, or an order of the Director or a court of competent jurisdiction.
(e) Annual Publication. Annually, the City shall publish a list of all significant industrial users who, at any time in the previous twelve (12) months, were in significant non-compliance with applicable pretreatment requirements. This publication shall be made in the largest daily local newspaper.
(f) Legal Action. Any discharge in violation of the substantive provisions of this chapter or an order of the Director shall be considered a public nuisance. If any person discharges sewage, industrial wastes or other wastes into the XWWTP contrary to the substantive provisions of this chapter or any order of the Director, the Director may commence an action for appropriate legal and/or equitable relief in the Common Pleas Court of Greene County.
(g) Injunctive Relief. Whenever an industrial user has violated or continues to violate this chapter or of its wastewater discharge permit, or any order of the Director or a court of competent jurisdiction, the Director may petition the court for the issuance of a preliminary or permanent injunction or both (as may be appropriate) to restrain or compel of the industrial user.
(h) Appeals. Any person adversely affected by a decision or order of the Director under this Chapter may appeal such decision or order to the Greene County Court of Common Pleas under ORC Chapter 2506.
(Ord. 2020-20. Adopted 08/27/20)