A. No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the POTW facilities, unless otherwise authorized by the Director. The Director may authorize entry, uncovering, disconnection, blockage, removal, replacement, or destruction of any part of the POTW when, in his/her opinion, it is in the best interests of the City. Any person(s) violating this provision may be subject to immediate arrest under charge of disorderly conduct and/or may be subject to other enforcement action as set forth in this Section. Nothing in this paragraph shall preclude the City from pursuing action in civil court to recover its damages incurred or to obtain a court order enjoining further damage.
B. When any person has violated or is violating this Article, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement:
1. The Director may serve upon said person a written notice of violation. Wherever the term "notice" is used throughout this section it shall mean service by personal delivery, by certified mail (return receipt requested), or by posting on the property of the person being notified. Failure to accept certified mail within ten (10) days constitutes acceptance. Said person shall submit to the Director an explanation of the violation and a plan for the satisfactory correction and prevention thereof within ten (10) days of the receipt of the notice, unless otherwise specified by the Director. The plan shall include specific actions which will be taken to remedy the violation. Submission of this plan in no way relieves said person of liability for any violations occurring before or after receipt of the notice of violation.
2. The Director may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any person responsible for noncompliance. The agreement may include specific action to be taken by said person to correct the noncompliance within a specified time period. The agreement will have the same force and effect as an administrative order issued pursuant to Section 7.06.013, paragraphs "B.4" and "B.5" below.
3. The Director may order any person who causes or contributes to such violation(s) to appear before the Director and show cause why a proposed enforcement action should not be taken. Notice shall be served on said person specifying the time and place for the hearing, the enforcement action being proposed, the reasons for such action, and a direction that the person show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of said person. Whether or not said person appears as ordered, immediate enforcement action may be pursued following the hearing date.
4. The Director may issue an order to the person responsible for the discharge directing that adequate treatment facilities, devices, or other related appurtenances be installed and properly operated within a specified time frame. This compliance order may also contain other requirements to address noncompliance, including, but not limited to, additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sanitary or storm sewer. A compliance order does not extend the deadline for compliance established for a Federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Violation of any terms of a compliance order issued hereunder shall constitute a violation of this Article subject to the enforcement remedies authorized herein.
5. The Director may issue an order to the person directing him/her to cease and desist all such violations and directing him/her to:
a. Immediately comply with all requirements.
b. Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
6. The Director may immediately suspend the wastewater treatment service and/or a Sewer Connection Permit after informal communication to the user when such suspension is necessary, in the opinion of the Director, 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, or cause the POTW to violate any condition of its NPDES Permit or other operating permits as may be issued by the Federal or State government.
a. Any person informed of a suspension of the wastewater treatment service and/or the Sewer Connection 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 City shall take such steps as deemed necessary including immediate severance of the sewer connection and/or termination of water service, to prevent or minimize damage to the POTW system or endangerment to any individuals.
b. The Director shall reinstate the wastewater treatment service upon: 1) demonstration to the satisfaction of the Director that the period of endangerment has passed; 2) a detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence; and 3) reapplication for a sewer connection permit and payment of the required fee, as specified in Section 7.06.004, paragraph "B", unless the termination proceedings set forth in Section 7.06.013, paragraph "B.7", are initiated against the user. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this Section.
7. Wastewater discharge permits may be revoked or denied for cause as described elsewhere in this Article. In addition, any user found to be in violation of this Article, any wastewater discharge permit, or order issued hereunder, may be subject to termination of sewer service. Such user will be notified of the proposed termination of its service and be offered an opportunity to show cause under Section 7.06.013, paragraph "B.3", of this Article why the proposed action should not be taken.
8. The Director may petition the Circuit Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this Article on activities of said person. Such other action as appropriate for legal and/or equitable relief may also be sought by the City.
9. Water service to the user may be severed upon the authorization of the WPC Director. The WPC Director shall notify the Water Department that the premises is no longer entitled to service. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
10. The occupational license held by a business may be revoked upon the authorization of the WPC Director. The WPC Director shall notify the Finance Department that the business is no longer entitled to hold an occupational license. Such license shall only be reissued after the business has satisfactorily demonstrated its ability to comply.
11. Each remedy set out in this paragraph "B" is independent and not exclusive. Use of one remedy by the Director does not preclude use of any other remedy set out in this paragraph, or this Section 7.06.013, or this Article. Selection of remedies to be pursued, whether one or several, shall be at the discretion of the Director.
C. In addition to the remedies set out in paragraph "B" above, the Director may levy an administrative fine not to exceed One Thousand Dollars ($1,000.00) per violation per day against any industrial or other nondomestic user that is found to have violated or continues to violate any provision of this Article, its wastewater discharge permit, any orders issued hereunder, or any other pretreatment standard or requirement. The Director may levy an administrative fine not to exceed Five Hundred Dollars ($500.00) per violation per day against any person other than an industrial user or nondomestic user upon finding that said person has violated Section 7.06.004, paragraph "A", or Section 7.06.013, paragraph "A", of this Article.
1. Assessments or fines may be added to the user's next scheduled sewer service charge, and the Director shall have such other collection remedies as are available for other service charges, as set forth in Article 7. The Director may enter into an agreement with an industrial or other nondomestic user allowing the implementation of a pollution prevention program approved by the Director in lieu of payment of an administrative fine.
2. Unpaid charges, fines, and penalties shall, after twenty-five (25) calendar days, be assessed an additional penalty of five percent (5%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1%) per month. Failure to pay administrative fines shall be deemed a violation of this Article and subject to other enforcement action under this Section. In addition, collection of said fines may be pursued in Jackson County Circuit Court. Further, the Director may request that a lien be assessed against the property of the person found to have violated this Article, or any orders or permits issued hereunder, for unpaid charges, fines, and penalties in the same manner as set out in this Code for liens for special assessments.
3. Any person desiring to dispute such fines must file a written request for the Director to reconsider the fine within ten (10) days of being notified of the fine. Such request must contain a statement outlining the necessary facts and conditions supporting the request for reconsideration. An initial finding of fact shall be made after investigation and review of the information submitted by the person disputing the fine.
4. If said person is not satisfied with the initial finding, he/she may request in writing within ten (10) days a hearing before the Director. The Director will make findings of fact and issue the City's final decision. The Director may add the costs of preparing administrative enforcement actions such as notices and orders to the fine.
5. Levying of an administrative fine shall not be a prerequisite for taking any other action against a person found to have violated this Article or any permit or order issued hereunder.
D. Any person violating any of the provisions of this Article, Federal or State Pretreatment Requirements or any order of the City shall become liable to the City for any expense, including sampling and monitoring expenses, loss or damage occasioned by the POTW, reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this Article or the orders, rules, regulations, and permits issued hereunder.
E. Any industrial user that wilfully or negligently introduces any substance into the City's POTW, either directly or by indirect sewer discharge, which causes personal injury or property damage shall, upon conviction, be subject to a penalty not to exceed One Thousand Dollars ($1,000.00) and/or be subject to imprisonment for not more than six (6) months. Any person other than an industrial user that wilfully or negligently introduces any substance into the City's POTW, either directly or by indirect sewer discharge, which causes personal injury or property damage shall, upon conviction, be subject to a penalty not to exceed Five Hundred Dollars ($500.00) and/or be subject to imprisonment for not more than six (6) months. This penalty shall be in addition to any other cause of action for personal injury or property damage under State law.
F. Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Article, or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Article, shall, upon conviction, be punishable by a fine not to exceed One Thousand Dollars ($1,000.00) per violation per day or imprisonment for not more than six (6) months or both. In the event of a second or subsequent conviction, the person shall be punishable by a fine not to exceed Three Thousand Dollars ($3,000.00) per violation per day or imprisonment for not more than six (6) months or both. Any penalty imposed under this paragraph shall not preclude any appropriate civil remedy, including administrative fines.
G. In lieu of prosecution of violators in municipal court for violations of this Article, the Director may petition the county prosecutor to institute criminal prosecution against the violator, as a misdemeanor.
H. The Director may decline to reissue a wastewater discharge permit to any user who has failed to comply with the provisions of this Article, any orders, or a previous wastewater discharge permit issued hereunder, unless such user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance.
I. The Director may refer an enforcement matter regarding an industrial or other nondomestic user to the Approval Authority for either joint enforcement action or action by the Approval Authority alone.
J. As an enforcement response the Director may require a user to perform increased monitoring if the user violates a pollutant effluent limit. Such enforcement action may be undertaken through modification of the user's wastewater discharge permit; through a permit condition which automatically imposes such increased monitoring; or through other types of enforcement actions, including but not limited to, administrative orders.
K. The Director may enter into agreements with neighboring jurisdictions in which industrial or other nondomestic users are or may be located to provide for the implementation and enforcement of pretreatment program requirements against said users. The Director may, in accordance with an interjurisdictional agreement, refer an enforcement matter regarding an industrial or other nondomestic user located within the City, but discharging wastewater to a sewer tributary to a neighboring jurisdiction's POTW, to said jurisdiction for enforcement action.
L. The Director may arrange for remediation action to be taken when, in the opinion of the Director, a substance introduced into the City's POTW presents a threat to public health or the environment. The Director may assess the person responsible for the introduction of such a substance for the cost of the remediation. The Director may also assess any person found to have violated Section 7.06.004, paragraph "A", or Section 7.06.013, paragraph "A", to recover any damages incurred as a result of said violation. Bills for the costs associated with such remediation or damages may be added to the user's next scheduled sewer service charge, and the Director shall have such other collection remedies as are available for service charges as set forth in Article 7.
A Clear Commitment to