124

Section 14-124 Pretreatment requirements and enforcement.

The pretreatment program of the city is developed and enforced by the city. To that end the city shall have full power to do any and all of the following:

(a) Deny or condition any increased or new discharges;

(b) Require compliance with pretreatment standards;

(d) Require the development of an industrial compliance schedule for installation of required technologies;

(e) Require submission of appropriate notices and industrial self-monitoring reports necessary to assess and assure compliance;

(f) Conduct, as necessary, inspections, surveillance and monitoring procedures to independently determine compliance or noncompliance;

(g) Have access to industrial records and entry to any industrial user's premises, where an effluent source or treatment system is located;

(h) Notification of violation. When the superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may serve upon that user a written notice of violation. Within five (5) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of this notice of violation. Nothing in this section shall limit the authority of the superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation;

(i) Consent orders. The superintendent may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to section 14-124(k) and (l) and shall be judicially enforceable;

(j) Show cause hearing. The superintendent may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least thirty (30) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user;

(k) Compliance orders. When the superintendent finds that a user violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard requirement, the superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation.

Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user;

(l) Cease and desist orders. When the superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard requirement, or that the user’s past violations are likely to recur, the superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(1) Immediately comply with all requirements, and

(2) 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.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user;

(m) Administrative fines.

(1) When the superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the superintendent may fine such user in an amount not to exceed one thousand dollars ($1,000.00). Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation.

(2) Unpaid charges, fines, and penalties shall, after thirty (30) calendar days, be assessed an additional penalty of ten (10) percent of the unpaid balance, and interest shall accrue thereafter at a rate of one (1) percent per month. A lien against the user’s property will be sought for unpaid charges, fines, and penalties.

(3) Users desiring to dispute such fines must file a written request for the superintendent to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the superintendent may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The superintendent may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

(4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user;

(n) Emergency suspension. The superintendent may immediately suspends a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The superintendent may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment;

(o) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the superintendent that the period of endangerment has passed, unless the termination proceedings in section 14-124(q) are initiated against the user;

(p) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the superintendent prior to the date of any show cause or termination hearing under section 14-124(j).

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section;

(q) Termination of discharge. In addition to the provisions in section 14-67(m), any user who violates the following conditions is subject to discharge termination:

(1) Violation of wastewater discharge permit condition,

(2) Failure to accurately report the wastewater constituents and characteristics of its discharge,

(3) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge,

(4) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling, or

(5) Violation of the pretreatment standards in Section 14-118.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 14-124(j) why the proposed action should not be taken. Exercise of this option by the superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user;

Judicial Enforcement Remedies

(r) Injunctive relief. When the superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other treatment standard or requirement, the superintendent may petition the Superior or State Court of Thomas County through the city's attorney 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 chapter on activities of the user. The superintendent may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user;

(5) Civil penalties.

(1) A user who has violated, or continues to violates, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city for a civil penalty of at least one thousand dollars ($1,000.00) per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

(2) The superintendent may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.

(3) 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 of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user;

(t) Criminal prosecution.

(1) A user who violates any provision of this chapter, waste water discharge permit, or order issued hereunder, or any other pretreatment standard or requirement hereunder shall, upon conviction, be guilty of a misdemeanor and shall be punished as set forth in subsection (t)(4).

(2) A user who introduces any substance into the POTW which causes personal injury or property damage shall upon conviction, be guilty of a misdemeanor and shall be punished as set forth in subsection (t)(4).

(3) A user who knowingly makes any false statements, representations, certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be guilty of a misdemeanor and shall be punished as set forth in subsection (t)(4).

(4) Each violation of any portion of the foregoing subsections shall constitute a separate offense. Any user convicted of any such offense shall be subject to such punishment as the municipal court of the City of Thomasville shall impose, subject to all limitations contained in the Charter of the city;

(u) Remedies nonexclusive. The remedies provided for in this chapter are not exclusive. The superintendent may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the superintendent may take other action against any user when the circumstances warrant. Further, the superintendent is empowered to take more than one (1) enforcement action against any noncompliant user.

State requirements and limitations on discharges shall apply in any case where they are more stringent than federal or local requirements.

(Ord. of 6-23-97, XII)