§ 74-118. Enforcement.

(a)

Suspension of service. The city may suspend the drinking water or wastewater treatment service and/or a wastewater discharge permit 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 WWF and/or COPOSS, or causes the city to violate any condition of its NPDES permit. Any person notified of a suspension of the water or wastewater treatment service and/or the wastewater discharge 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 water and/or sewer connection, to prevent or minimize damage to the WWF and/or COPOSS system or endangerment to any individuals. The city shall reinstate the wastewater discharge permit and/or the water or wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the industrial user describing the causes of the harmful contributions and the measures taken to prevent any future occurrence shall be submitted to the city within 15 days of the date of occurrence.

(b)

Revocation of permit. Any industrial user who violates the following conditions of this division, or applicable state and federal regulations, is subject to having its permit revoked in accordance with the procedures of this section:

(1)

Failure of a industrial user to report factually the wastewater constituents and characteristics of his discharge.

(2)

Failure of the industrial user to report significant changes in operations or wastewater constituents and characteristics.

(3)

Refusal of reasonable access to the industrial user's premises for the purpose of inspection or monitoring.

(4)

Violation of conditions of the permit.

(5)

Falsifying periodic compliance reports.

(6)

Tampering with monitoring equipment.

(7)

Failure to pay administrative surcharges.

(8)

Failure or refusal to accept notices of violation or compliance schedules or other enforcement procedures.

(9)

Reasonably imminent endangerment of facility personnel or the public.

(c)

Notification of violation. Whenever the city finds that any industrial user has violated or is violating this division, a wastewater discharge permit or any prohibition or limitation of requirements contained herein, the city may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the industrial user.

(d)

Show cause hearing:

(1)

The city may order any industrial user who causes or allows an unauthorized discharge to enter the WWF and/or COPOSS to show cause before the city council or code board why the proposed enforcement action should not be taken. A notice shall be served on the industrial user specifying the time and place of a hearing to be held by the city council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the industrial user to show cause before the city council 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 ten days before the hearing. Service may be made on any agent or officer of a corporation.

(2)

The city council or code board may itself conduct the hearing and take the evidence or may designate any of its members or any staff member or employee of the city to:

a.

Issue in the name of the city council or code board notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.

b.

Take the evidence.

c.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the city council or code board for action thereon.

(3)

At any hearing held pursuant to this division, testimony taken must be under oath and recorded. If evidence is taken by other than the city council or code board, it shall be recorded stenographically for review by the city council or code board.

(4)

After the city council or code board has reviewed the evidence, it may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities and are properly operated. Further orders and directives as are necessary and appropriate may be issued.

(e)

Legal action. If any person discharges sewage, industrial wastes or other wastes into the city's wastewater sewer system contrary to the provisions of this division, federal or state pretreatment requirements or any order of the city, the city may commence an action for appropriate legal and/or equitable relief in the circuit court of the county. The city may recover reasonable attorney's fees, court costs, court reporter's fees, and other expenses of litigation brought hereunder. Such legal action may include, but shall not be limited to, the following:

(1)

Petition for federal or state enforcement. In addition to other remedies for enforcement provided herein, the city manager or his designee may petition the FDEP or EPA, as appropriate, to exercise such methods or remedies as shall be available to such government entities to assess penalties in such amounts as provided by federal or state law, or to seek criminal or civil penalties, injunctive relief, or such other relief as may be provided by applicable federal or state laws to ensure compliance by industrial users of applicable pretreatment standards, to prevent the introduction of toxic pollutants or other regulated pollutants into the WWF and/or COPOSS, or to prevent such other water pollution as may be regulated by state or federal law.

(2)

Citation to county court. Notwithstanding any of the above, the city manager or his designee may cite any industrial user to county court for violation of any provision of this division. A violation of any condition or requirement of the industrial user's WDP shall be deemed to be a violation of this division.

(3)

Injunctive and other relief. The city manager or his designee, through the city attorney, may file a petition in the name of the city in the circuit court of the county or such other courts as may have jurisdiction 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 industrial user or other person who causes or suffers damage to occur to the WWF and/or COPOSS or for any other expense, loss or damage of any kind or nature suffered by the city.

(f)

Criminal mischief. No person shall maliciously, willfully or deliberately break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the city sewer system or public utilities department. Any person violating this provision shall be subject to immediate arrest under charge of destruction of public property.

(g)

Affirmative defense. An industrial user shall have an affirmative defense to an enforcement action brought against it for noncompliance with the prohibitions in this division if it can prove that it did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause pass through or interference and that either:

(1)

A local limit exists for each pollutant discharged and the industrial user was in compliance with each limit directly prior to and during the pass through or interference; or

(2)

No local limit exists, but the discharge did not change substantially in nature of constituents form the industrial user's prior discharge when the WWF was regularly in compliance with its NPDES permit, and, in the case of interference, was in compliance with applicable sludge use or disposal requirements.

An affirmative defense shall not apply to the specific prohibitions in subsections 74-103(1), 74-103(3) and 74-103(19).

(3)

Bypass not violating applicable pretreatment standards or requirements. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections a. and b. below.

a.

If an industrial user knows in advance of the need for a bypass, it shall submit a notice to the control authority at least ten days before the date of the bypass. If the industrial user does not know of the need for a bypass ten days prior to the bypass then the industrial user shall notify the control authority immediately upon knowledge of the need for the bypass.

b.

An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the control authority within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within five days of the time the industrial user becomes aware of the bypass. The written submission shall contain:

1.

A description of the bypass and its cause;

2.

The duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and

3.

Steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.

(4)

Prohibition of bypass.

a.

Bypass is prohibited, and the control authority shall take enforcement action against an industrial user for a bypass, unless:

1.

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

2.

There were no technically feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance in accordance with DEP 62-625.860 F.A.C. - pretreatment requirements for existing and new sources of pollution effective 5-10-2010.

(5)

The industrial user submitted notices as required in subsection (3)b. above and after consideration from the city that the above conditions were met the city may approve an anticipated bypass and the industrial user shall notify the WWF of the anticipated bypass.

(h)

Upset provision.

(1)

For the purposes of this section, upset means an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards because of factors beyond the reasonable control of the industrial user. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(2)

An upset shall constitute an affirmative defense to an action brought for noncompliance with categorical pretreatment standards if the requirements of subsection (h)(3), below, are met.

(3)

An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

a.

An upset occurred and the industrial user can identify the cause(s) of the upset;

b.

The facility was at the time of the upset being properly operated; and

c.

The industrial user has orally submitted the following information to the city manager or designee within 24 hours of becoming aware of the upset with a written submission to be provided within five days:

1.

A description of the indirect discharge and cause of noncompliance;

2.

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

3.

Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(4)

Industrial user's responsibility in case of an upset. The industrial user shall control production of all discharges to the extent necessary to maintain compliance with categorical pretreatment standards upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.

(i)

Consent orders. The city may enter into consent orders, stipulations, assurances of voluntary compliance, or other similar documents establishing an agreement with any property owner or industrial user responsible for noncompliance. Such documents will include specific action to be taken by the property owner or industrial user to correct the noncompliance with a time period specified in the document. Such documents shall have the same force and effect as administrative orders and shall be judicially enforceable.

(j)

Remedies nonexclusive. The remedies provided for in this division are nonexclusive. The city may take any, all, or any combination of the enforcement actions against a noncompliant property owner or industrial user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the city may take other action against any property owner or industrial user when the circumstances warrant. Further, the city is authorized to take more than one enforcement action against any noncompliant property owner or industrial user.

(Ord. No. 2012-17, § 1, 7-24-12)