§ 98-119. Enforcement and abatement.

(a)

Harmful contributions. The city may suspend the water and sewer service when such suspension is necessary, in the opinion of the city, 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, causes interference to the POTW or causes the city to violate any condition of its NPDES permit. Any person notified of a suspension of his water and sewer service 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 steps as deemed necessary, including immediate severance of the water and sewer connection, to prevent or minimize damage to the WWTP system or danger to any persons. The city shall reinstate the water and sewer service upon proof of the elimination of the noncomplying discharge.

(b)

Notification of violation. Whenever the city finds that any user has violated or is violating this division, a wastewater contribution permit, or any prohibition, limitation of requirements contained herein, the city may serve upon such person a written notice stating the nature of the violation. Within ten days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the superintendent and city manager by the user. Submission of this plan does not relieve the user's liability for any violations before or after receipt of the notice of violation.

(c)

Show cause hearing. The city may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the city engineer why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the committee regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the committee why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least 20 days before the hearing. Service may be made on any agent or officer of a corporation.

(d)

Citation to municipal court. The city engineer or the director of public works may cite the user to municipal court for violation of any provision of this division. A violation of any condition of the user's wastewater discharge permit shall be deemed to be a violation of this division.

(e)

Injunctive relief. Upon resolution of the city approving the filing of a suit, the city engineer shall in the name of the city file in the superior court of the county, or such other courts as may have jurisdiction, a suit seeking the issuance of an injunction, damages, or other appropriate relief to enforce the provisions of this division or other applicable law or regulation. Suit may be brought to recover any and all damages suffered by the city as a result of any action or inaction of any user or other person who causes or suffers damage to occur to the WWTP, or for any other expense, loss, or damage of any kind or nature suffered by the city.

(f)

Assessment of damages to users. When a discharge of waste causes an obstruction, damage, or any other impairment to the facilities, or any expense of whatever character or nature to the city, the supervisor shall assess the expenses incurred by the city to clear the obstruction, repair damage to the facility, and any other expenses or damages incurred by the city. The city engineer shall file a claim with the user or any other person causing or suffering such damages to incur seeking reimbursement for any and all expenses or damages suffered by the city. If the claim is ignored or denied, the city engineer shall notify the city manager to take such measures as shall be appropriate to recover for any expense or other damages suffered by the city.

(g)

City engineer may petition for federal or state enforcement. In addition to other remedies for enforcement provided herein, the city engineer may petition the state or the United States Environmental Protection Agency, as appropriate, to exercise such methods or remedies as shall be available to such government entities to seek criminal or civil penalties, injunctive relief, or such other remedies as may be provided by applicable federal or state laws to insure compliance by industrial users of applicable pretreatment standards, to prevent the introduction of toxic pollutants or other regulated pollutants into the WWTP, or to prevent such other water pollution as may be regulated by state or federal law.

(h)

Fines for violation. When the superintendent finds that a user has violated any provisions of this division, he shall report said violation(s) immediately to the city manager. The city manager shall report and recommend to the mayor and council that a fine be levied on the user in the amount of $500.00. This fine may be imposed for each parameter violated for each day in the reporting period. Provided a first time violator is given a 15-day period to comply with the sewer service ordinance and any amendments and upon satisfactory compliance, the fine provided for herein will be waived. A user that has a repeat violation the following month for any parameter may be fined up to $750.00 for each repeat violation for each day in the reporting period. A user that has a continuing violation for the third consecutive month may be fined up to $1,000.00 for each repeat violation for each day in the reporting period.

The city's desire is that all wastewater users comply with the discharge limitations set forth in section 98-114(h) and any other limitations specific to the user's permit, therefore continuing violations past the third consecutive month, without an acceptable plan and effort to correct the problem will result in termination of the user's sewer service.

(Ord. of 2-2-2004, § 9; Ord. of 7-7-2008, § I)