§ 191-12 Supplemental Enforcement Actions.
   (A)   Penalties for late reports. A penalty shall be assessed to any user for each day that a report required by this Chapter 191, a permit or order issued hereunder is late, beginning five days after the date the report is due. Actions taken by the Director of Utilities to collect late reporting penalties shall not limit the Director of Utilities authority to initiate other enforcement actions that may include penalties for late reporting violations.
   (B)   Performance bonds. The Director of Utilities may decline to issue or reissue an individual wastewater discharge permit or a general permit to any user who has failed to comply with any provision of this chapter, a previous individual wastewater discharge permit, a previous general permit or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the city, in a sum not to exceed a value determined by the Director of Utilities to be necessary to achieve consistent compliance.
   (C)   Liability insurance. The Director of Utilities may decline to issue or reissue an individual wastewater discharge or a general permit to any user who has failed to comply with any provision of this chapter, a previous individual wastewater discharge permit, a previous general permit or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that user has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
   (D)   Payment of outstanding fees and penalties. The Director of Utilities may decline to issue or reissue an individual wastewater discharge permit or a general permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this chapter, a previous individual wastewater discharge permit, or a previous general permit or order issued under this chapter.
   (E)   Water supply severance. Whenever a user has violated or continues to violate any provision of this chapter, an individual wastewater discharge permit, a general permit, order issued under this chapter, or any other pretreatment standard or requirement, the city may sever water service to the user. Service will recommence, at the user’s expense, only after the user has satisfactorily demonstrated user’s ability to comply.
   (F)   Public nuisances. A violation of any provision of this chapter, an individual wastewater discharge permit, general permit, order issued under this chapter, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Director of Utilities. Any person(s) creating a public nuisance shall be subject to the provisions of Title 13 of the City Code governing such nuisances, including reimbursing the city for any costs incurred in removing, abating, or remedying said nuisance.
   (G)   Contractor listing. Users which are not compliant with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the city. Existing contracts for the sale of goods or services to the city held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the Director of Utilities.
(Ord. O2019-007, passed 2-6-2019)