Sec. 34-77. Enforcement.
The city shall utilize, notice of violations, consent orders, administrative actions, or other actions as defined in this section, or in the non domestic and industrial user regulations and practices Section XV, in order to provide compliance with this ordinance. These actions may include the imposition of voluntary penalties.
In addition to enforcement actions defined in the utilities non domestic and industrial user regulation and practices Section XV, the following actions are authorized by this ordinance:
(a) Suspension of water and/or wastewater service and/or wastewater discharge permit. The city may suspend water and/or wastewater treatment services or a wastewater discharge permit.
(1) When determined by the city, an actual or threatened discharge presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the wastewater treatment facilities, or causes the city to violate any condition of its VADES permit.
(2) A state or federal agency informs the city that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge into state waters, and it is found that the customer is delivering wastewater to the city's wastewater facilities that cannot be sufficiently treated or requires treatment that is not provided by the city as normal domestic treatment.
(3) The customer:
a. discharges industrial waste or wastewater exceeding the limit established by the city; or
b. discharges at an uncontrolled, variable rate or in sufficient quantity to cause an interference or pass through in the wastewater facilities;
c. fails to pay monthly bills for water, sanitary sewer services, any sewer service charge, or surcharge when due;
d. allows wastewater to continue to flow onto neighboring property.
(4) Any person notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the discharge. 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, or city water supply, to prevent or minimize damage to the wastewater treatment facilities or endangerment to any individuals. The city shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the city within fifteen (15) days of the date of occurrence.
(b) Revocation of wastewater discharge permit. Any user who violates the following conditions of this section, or applicable state and federal regulations, is subject to having their wastewater discharge permit revoked in accordance with Section XI of the non domestic and industrial user regulations and practices:
(1) failure of a user to factually report the wastewater constituents and characteristics of their discharge;
(2) failure of the user to report significant changes in operations or wastewater constituents and characteristics;
(3) refusal of reasonable access to user's premises for the purpose of inspection or monitoring; or
(4) Violation of conditions of the wastewater discharge permit.
(c) Legal action.
(1) If any person violates the provisions of this article, federal or state pretreatment requirements or any order or permit of the city, the director of public works or his designee may make a recommendation to the city attorney to commence an action for appropriate legal and/or equitable relief for such violation of the ordinance, the rules, regulations or permits issued thereunder, federal or state pretreatment requirements.
(2) If an industrial user bans the city from access to pretreatment or sampling facilities, the city has the authority to seek an injunction against the industrial user.
(d) Civil penalties. Any user who fails to comply with any provisions of this article and the orders, rules, regulations and permits issued hereunder shall be fined through a civil action in the courts of the commonwealth not less than one thousand dollars ($1,000.00) nor more than two thousand five hundred dollars ($2,500.00) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this ordinance or the orders, rules, regulations and permits issued hereunder.
(e) Criminal penalties. Any user who is found in a court of the commonwealth to have willfully or negligently violated an order of the city or to have willfully or negligently failed to comply with any provision of the article and the orders, rules, regulations and permits issued hereunder shall be guilty of a class 2 misdemeanor. (Ord. No. O-95-269, 9-26-95; Ord. No. O-04-050, 4-13-04)
Last updated date: 10/23/2006 4:15:21 PM