Chapter 14.07
VIOLATIONS1
Sections:
14.07.010 Acts constituting violations.
14.07.020 Notice of violation.
14.07.030 Failure to correct violation.
14.07.060 Criminal prosecution.
14.07.070 Restoration of service.
14.07.080 Change of ownership or occupancy.
14.07.010 Acts constituting violations.
A violation shall be considered to have occurred when any requirement of this title has not been met; when a written request of the manager/plant superintendent, made under the authority of this title, is not met within the specified time; when a condition of a permit or contract issued under the authority of this title is not met within the specified time; when effluent limitations are exceeded, regardless of intent or accident; or when false information has been provided by the discharger. (Ord. 1676(part), 1992).
14.07.020 Notice of violation.
Upon determination by the plant superintendent that a violation has occurred or is occurring, the manager/plant superintendent may issue a notice of violation to the discharger which outlines the violation and the potential liability as well as any proposed enforcement actions. The notice may further require correction of the violation within a specified period of time, and may require written confirmation of the correction and a description of the efforts made to correct the violation. The notice shall be personally delivered to the user’s premises or be sent by certified mail. In an emergency, notice may be given orally, but shall be confirmed in writing at the earliest practical time. Notice by mail is presumed to be received by the addressee on the third day after mailing. (Ord. 1676(part), 1992).
14.07.030 Failure to correct violation.
A. Whenever an industrial user continues to violate the provisions of the title, permits or orders issued hereunder, or any other pretreatment requirement, the manager/plant superintendent may initiate monetary penalties, grant extensions for correction of the violation, halt or prevent the discharge of the pollutants, or terminate the discharge. Such other action as may be appropriate for legal and/or equitable relief may also be sought by the manager/plant superintendent including, but not limited to, civil or criminal actions.
B. In the event a user shall fail to correct any violation within the time specified by the manager/plant superintendent, the manager/plant superintendent may initiate monetary penalties. The penalties may be initiated with or without the initiation of judicial proceedings.
C. When in the opinion of the manager/plant superintendent, it is necessary to initiate monetary penalties, the following shall apply:
1. For the first, second, third, and fourth calendar months a violation continues beyond the time limit provided for correction thereof, the user shall be assessed the graduated penalties listed below. Any violation occurrence within the calendar month is considered a continuing violation.
a. First calendar month beyond the time limit for correction, a total of the following applicable amounts:
i. Volume, one dollar per one thousand gallons in excess of the established permit limitations, plus
ii. BOD and/or SS, ten cents per pound of BOD and/or suspended solids in excess of the established permit limitations, plus
iii. pH, ten dollars per occurrence per increment less than a pH of 5.5 or greater than a pH of 10.0 for any excursion that exceeds ten minutes’ duration in any sixty-minute period, plus
iv. Late reports, twenty-five dollars, plus
v. Constituents, standard penalty, three hundred dollars per constituent per day that exceeds the daily maximum permit discharge limitation.
b. Second calendar month beyond the time limit for correction, a total of the following applicable amounts:
i. Volume, two dollars per one thousand gallons in excess of the established permit limitations, plus
ii. BOD and/or SS, twenty cents per pound of BOD and/or suspended solids in excess of the established permit limitation, plus
iii. pH, twenty dollars per occurrence per increment less than a pH of 5.5 or greater than a pH of 10.0 for any excursion that exceeds ten minutes’ duration in any sixty-minute period, plus
iv. Late reports, fifty dollars, plus,
v. Constituents, standard penalty, six hundred dollars per constituent per day that exceeds the daily maximum permit discharge limitation.
c. Third calendar month beyond the time limit for correction, a total of the following applicable amounts:
i. Volume, four dollars per one thousand gallons in excess of the established permit limitations, plus
ii. BOD and/or SS, forty cents per pound of BOD and/or suspended solids in excess of the established permit limitation, plus
iii. pH, forty dollars per occurrence per increment less than a pH of 5.5 or greater than a pH of 10.0 for any excursion that exceeds ten minutes, duration in any sixty-minute period, plus
iv. Late Reports, one hundred dollars, plus
v. Constituents, standard penalty, one thousand two hundred dollars per constituent per day that exceeds the daily maximum permit discharge limitation.
d. Fourth calendar month beyond the time limit for correction, two thousand four hundred dollars per day for any violation condition;
2. Penalties for pH shall be assessed in accordance with the following increments:
a. First increment, 4.5 to 5.5 or 11.0 to 10.0,
b. Second increment, 3.5 to 4.5 or 12.0 to 11.0,
c. Third increment, less than 3.5 or greater than 12.0;
3. For situations where permit limitations have not been established for BOD or SS, the penalty may be assessed per pound of BOD and/or suspended solids in excess of sixty pounds in any one day;
4. For situations where permit limitations have not been established for constituents, the penalty may be assessed for values that exceed requirements established in this title;
5. For situations where constituent violations are excessive, the following shall apply:
a. Penalties for constituents may be assessed at two times the standard penalty per constituent per day that exceeded the daily maximum permit discharge limitation by two times the daily maximum value but less than three times the daily maximum value.
b. Penalties for constituents may be assessed at three times the standard penalty per constituent per day that exceeded the daily maximum permit discharge limitation by three times or more the daily maximum limitation value;
6. The continuation of a violation beyond the time limit provided for correction thereof shall be deemed a separate offense for each day in which any such violation shall occur;
7. Fines and penalties resulting from failure to correct violations within the time specified by the manager/plant superintendent are due and payable by the user within fourteen days after receipt of billing. Fines collected shall go into the trust fund for operation and maintenance of the treatment plant.
D. If in the opinion of the plant superintendent conditions warrant and the violation situations are not determined to be emergencies, an extension may be granted to allow additional time to correct the violation. Violation extensions are granted at the discretion of the plant superintendent and may be revoked if any of the violation extension conditions are not met. The following requirements shall be met for any violation extension:
1. Immediate reduction of pollutant parameters to reasonable levels (levels determined by the plant superintendent);
2. No later than thirty days after notification of extension, the user shall furnish a schedule developed by a qualified professional engineer of process control and/or equipment modifications that will achieve consistent compliance with established requirements. Provide a thorough evaluation performed by a qualified professional engineer showing wastewater treatment capabilities relative to current and anticipated future loads, include schematic flow diagrams for each major wastewater generating activity, and a complete description of corrective measures planned to achieve consistent compliance with established requirements. The schedule and evaluation shall be submitted to the plant superintendent for review and approval prior to implementation;
3. No later than forty-five days after notification of extension, the user shall begin implementation of approved engineer’s recommendations;
4. No later than ninety days after notification of extension, the user shall complete all corrective measures.
E. With or without the initiation of judicial proceedings, the manager/plant superintendent may halt or prevent any discharge of pollutants into the sewer system and may physically terminate a discharge into the sewer system when:
1. The user has failed to correct any violation within the time specified by the plant superintendent in the notice of violation or the notification of extension;
2. The user has failed to pay costs or penalties within the time specified which he has been required to pay in accordance with the requirements of this title;
3. A violation creates an emergency situation; an “emergency situation” is defined as a situation in which, in the opinion of the plant superintendent, action must be taken as rapidly as possible in order to prevent or reduce a present or potential danger or hazard to the environment, the sewer system, or any person or property. Includes any situation that reasonably appears to present an imminent endangerment to the health or welfare of persons.
F. A notice of termination shall be provided to the discharger prior to physically terminating the discharge:
1. In situations that are determined by the plant superintendent not to be emergencies, the notice of termination shall be in writing and shall contain the reasons for the termination, the effective date, and notice of the opportunity for an informal hearing before the plant superintendent at least ten days before the effective termination date. The notice shall be personally delivered or sent by certified mail to the business address of the user at least thirty days prior to the effective termination date;
2. In situations that are determined by the plant superintendent to be emergencies, the initial notice of termination may be oral or written and the termination of the discharge may be immediate:
a. If oral notice is given, it shall be given to the authorized representative of the user personally or by telephone and shall be followed within two working days by written notice that is mailed or delivered to the business address of the user. If the authorized representative cannot be reached, oral notice may be given to a person who is apparently in charge of the user’s office or facility. The effective date of the termination in emergency situations may be immediately after oral or written notice has been given as required in this paragraph;
b. The emergency notice of termination shall inform the user of the opportunity for an informal hearing before the plant superintendent at the earliest practical date. (Ord. 1676(part), 1992).
14.07.040 Injunctive relief.
Whenever an industrial user has violated or continues to violate the provisions of this title, permits or orders issued hereunder, or any other pretreatment requirements, the manager/plant superintendent may petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction, as may be appropriate, which restrains or compels the specific performance of the wastewater permit, order, or other requirement imposed by this title on activities of the industrial user. Such other action as may be appropriate for legal and/or equitable relief may also be sought by the manager/plant superintendent. The court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law. (Ord. 1676(part), 1992).
14.07.050 Civil penalties.
Any industrial user which has violated or continues to violate this title, any order or permit hereunder, or any other pretreatment requirement shall be liable to the manager/plant superintendent for a maximum civil penalty of one thousand dollars per violation per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each business day during the period of this violation, the following shall also apply:
A. The manager/plant superintendent may recover reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred;
B. In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the industrial user’s violation, corrective actions by the industrial user, the compliance history of the user, and any other factors as justice requires;
C. Where appropriate, the manager/plant superintendent may accept mitigation projects in lieu of the payment of civil penalties where the project provides a valuable service and the industrial user’s expense in undertaking the project is at least one hundred and fifty percent of the civil penalty. (Ord. 1676(part), 1992).
14.07.060 Criminal prosecution.
A. Any industrial user who willfully or negligently violates any provisions of this title, any orders or permits issued hereunder, or any other pretreatment requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars per violation per day or imprisonment for not more than one year or both.
B. Any industrial user who knowingly makes any false statement, representations, or certifications in any application, record, report, plan or other documentation filed or required to be maintained pursuant to this title, or wastewater permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this title shall, upon conviction, be punished by a fine of not more than one thousand dollars per violation per day or imprisonment for not more than one year or both. (Ord. 1676(part), 1992).
14.07.070 Restoration of service.
Sewer service shall not be restored until all charges, including the expense of removal, closing and restoration, shall have been paid or mutually agreed upon terms concluded and the cause for discontinuance of service corrected. (Ord. 1676(part), 1992).
14.07.080 Change of ownership or occupancy.
Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating assessed penalties. (Ord. 1676(part), 1992).
14.07.090 Cost recovery.
A. The manager/plant superintendent may recover all verifiable costs resulting from a discharge not in compliance with this title, including, but not limited to, the repairing of damages to the sewer system, additional treatment costs, additional maintenance costs, and the paying of fines and penalties assessed the treatment plant by regulatory agencies. The costs may be in addition to any fines and penalties assessed the user in other sections.
B. Notice of intent to recover shall be by letter to the discharger, sent by certified mail, which states the specific violation, the penalties and damages sustained by the sewer system, the costs of those damages and penalties, and the costs determined as attributable to the discharge and, therefore, billed to the user.
C. The recovery costs are due and payable by the user within thirty days after the notice is sent. (Ord. 1676(part), 1992).
14.07.100 Appeals.
A final decision by the plant superintendent to adopt a rule establishing or modifying technically based local limits may be appealed by any jurisdictional participant or any industrial waste discharger. A final decision by the plant superintendent concerning the issuance, denial or modification of an industrial waste discharge permit, concerning an alleged violation of this title or penalty therefor, or concerning a service charge for industrial waste may be appealed by the waste discharger affected by such action. Such decisions may be appealed to the regional committee by mailing a written notice of appeal to the plant superintendent not later than twenty-one days after the effective date of the decision or twenty-one days after the notice was mailed or otherwise given to the person, whichever is later. All appeals shall be first considered by the technical advisory group which shall make a recommendation to the regional committee. The matter shall be decided by the regional committee within sixty days after receipt of the notice of appeal. The decision of the regional committee on the appeal shall be final and binding. (Ord. 1676(part), 1992).
14.07.110 Conflict.
All other ordinances and parts of other ordinances inconsistent or conflicting with any part of this title are hereby repealed to the extent of such inconsistency or conflict. (Ord. 1676(part), 1992).
14.07.120 Severability.
If any provisions of this title are invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. (Ord. 1676(part), 1992).
Prior ordinance history: Ord. 1618.