The following are the types of enforcement action that may be undertaken by the POTW consistent with the town's enforcement response plan:
(A) Informal notice. An informal notice may be either a documented phone call, written warning, or a meeting notifying the IU of minor incidences that have occurred and that need to be corrected. Repeat performance of the same incidence, or escalation of the incidence will result in escalated enforcement action.
(B) Notice of violation (NOV). A NOV is the initial formal enforcement action for a violation. The certified letter notifies the IU signatory authority of the violation and requires the following:
(1) Immediate corrective action or steps being taken to correct the problem;
(2) Increased sampling of the parameter in violation within 30 days;
(3) Written response within ten business days of receipt of NOV.
(C) Administrative order (AO). An administrative order is notification to the IU to undertake or to cease specified activities by a specified deadline. It is the first formal response to significant noncompliance (unless factors necessitate escalated enforcement actions). It may contain compliance schedules, administrative fines, termination of service and show cause orders. In addition, it specifies the name of the parties involved, statement of the facts, the requirement to ensure compliance and the enforcement associated with any future non-compliance.
(D) Compliance schedule. A compliance schedule is a formal time and management schedule contained in an enforcement order, established for the non-compliant IU to achieve compliance. It is established for existing IU’s to meet the categorical pretreatment standards or local standards. It contains increments of progress in the form of dates for the commencement and completion of major events leading to compliance. In addition, all compliance schedules shall contain the following:
(1) Monitoring requirements with the location for monitoring;
(2) How the data will be used for evaluating compliance;
(3) Enforcement associated with non-compliance;
(4) Closure date after which IU will be considered either non-compliant with the established compliance schedule, or evaluated for compliance.
(E) Show cause hearing. A show cause hearing is when the IU and the POTW meet to discuss the cause and effect of the violation, as well as the enforcement action the IU will be subjected to. The IU may present its case as to why the violation occurred and why further enforcement should not be applied. Corrective actions to be undertaken by the IU can also be a part of this meeting.
(F) Termination of service. Termination of service is the revocation of an IU's privilege to discharge non-domestic wastewater into the sewer system. Termination of service is used when the discharge from an industrial user presents imminent endangerment to the health or welfare of persons, or the environment; or threatens to interfere with the POTWs operations; or as an escalating enforcement action to a significant violation when a noncompliant industrial user fails to respond adequately to previous enforcement actions. Termination of service may be accomplished by physical severance of the IU's connection to the collection system, issuance of an AO (cease and desist order) which compels the IU to immediately terminate its discharge, revocation of the IU's discharge permit, or a court ruling.
(G) Administrative fines. An administrative fine is a punitive monetary charge assessed by the town rather than a court. The purpose of the fine is to recover the economic benefit of noncompliance and to deter future violations. When assessing an administrative fine the following factors are considered:
(1) Type and severity of the violation;
(2) Number of violations cited;
(3) Duration of noncompliance;
(4) Impact of the violation on the receiving water, sludge quality, and POTW operation;
(5) Whether the violation threatened public health;
(6) The economic benefit or savings the industrial user gained from the noncompliance;
(7) Compliance history of the industrial user; and
(8) Whether the industrial user is making a good faith effort to comply.
(H) Cost recovery. In addition to administrative fines imposed by the Superintendent, the IU shall be responsible for paying the following (but not limited to) costs incurred by the town:
(1) Cost of mileage and labor incurred in detecting and correcting an Industrial User's violation or failure to comply;
(2) Laboratory analysis costs associated with detecting and correcting the violation or failure to comply;
(3) Additional treatment costs caused by the violation or failure to comply, or costs associated with detecting and correcting the violation or failure to comply;
(4) Costs of any additional equipment acquired or expended by town for detecting or correcting the violation or failure to comply;
(5) Repair and/or replacement of any part of the sewerage system damaged by the violation or failure to comply;
(6) Any liability, damages, fines or penalties incurred by Town as a result of the violation or failure to comply;
(7) Any and all expenses of outside professionals to include, but not limited to, engineers, scientists, and/or legal counsel as a result of the violation or failure to comply;
(8) Fees, if necessary, to offset the costs incurred by the town for administering the pretreatment program requirements;
(9) Other costs associated with the detection and correction of the violations or failures to comply.
(I) Judicial action. Judicial Action will be taken when it is deemed necessary to force the IU to correct the violation and comply with the permit. Judicial action may consist of civil prosecution; criminal prosecution; or an action for injunction, at the discretion of the POTW and its counsel. As an alternative to judicial action, the POTW and IU may agree to a voluntary zero discharge of industrial waste by the IU pending correction of the violation.
(J) Referral to EPA or the state.
(1) Where a POTW does not rely on criminal prosecution for its enforcement authority, referral to the State or EPA may be made. For violations that may warrant criminal prosecution, the POTW will refer the case to EPA or the state for further action. Circumstances that trigger EPA or state referrals include (but not limited too) evidence of willfulness, evidence of negligence, and/or bad faith shown by the Industrial User.
(2) Violations that threaten health, property or environmental quality are considered emergencies and will receive immediate responses such as halting the discharge or terminating service.
(K) Any person who shall continue any violation beyond the time limit provided for in division (A) shall be guilty of a misdemeanor and on conviction thereof shall be fined in an amount not exceeding $1,000 per day, per violation, in accordance with 40 CFR 403.8 (f)(1)(vi)(A), but no more than $2,500 per day, per violation for a first violation nor more than $7,500 per day, per violation for subsequent violations, in accordance with I.C. 36-1-3-8(a)(10)(B).
(L) Any person violating any of the provisions of this subchapter shall become liable to the town for any expense, loss, or damage occasioned the town by reason of such violation.
(Ord. 708, passed 5-20-2013; Am. Ord. 761, passed 11-20-2017)