Chapter 13.08 - ADMINISTRATION AND ENFORCEMENT

Sections:

Article I. - Supervision#

13.08.010 - Supervision.#

The POTW shall be supervised and directed by the mayor/city administrator.

(Ord. 164 § 2 (§ 2.1), 1985)

Article II. - Special Agreements and Contracts#

13.08.020 - Special user agreement.#

No statement contained in this division shall be construed as prohibiting special written agreements between the POTW and any other person allowing industrial waste or wastewater of unusual strength or character to be admitted to the POTW, provided said person compensates the POTW for any additional costs of treatment. Such agreement, however, may not violate any of the specific prohibitions provided in this article.

(Ord. 164 § 2 (§ 2.13.1), 1985)

13.08.030 - Contracts with other POTWs.#

Whenever the existing sewage treatment capacity is adequate therefor, the POTW may contract with any other organized and established POTW or with any other governmental agency or with private enterprise, for the discharge into the POTW from any part or parts of such POTW, or person or persons living outside the boundaries of the POTW, upon such terms and conditions and for such periods of time as may be deemed reasonable.

(Ord. 164 § 2 (§ 2.13.2), 1985)

Article III. - Discontinuance of Service#

13.08.040 - Discontinuance of service.#

Any user desiring to discontinue service shall notify the POTW in writing of such fact at least thirty (30) days before the date when such service shall be discontinued. Upon giving such written notice, said user shall not be responsible for bills incurred after the date specified in said notice. Any credit balance in favor of the customer as a result of an advance payment of bills or a deposit will be refunded upon discontinuance of service promptly thereafter.

(Ord. 164 § 2 (§ 2.18), 1985)

Article IV. - Enforcement and Penalties#

13.08.050 - Enforcement authority.#

The POTW may adopt procedures and rules for the implementation and administration of and shall enforce the provisions contained in this division.

(Ord. 164 § 2 (§ 7.1), 1985)

13.08.060 - Notification of violation.#

Whenever the POTW finds that any user has violated or is violating its wastewater discharge permit, or any prohibition, limitation or requirement contained in this division, the POTW shall serve upon such user a written notice stating the nature of the violation, which may include a cease and desist order. Also, within the time specified therein, a plan for the satisfactory correction thereof shall be submitted to the POTW by the user.

(Ord. 164 § 2 (§ 7.2), 1985)

13.08.070 - Methods of notification.#

Any notification required in this division shall be served either personally or by registered or certified mail.

(Ord. 164 § 2 (§ 7.3), 1985)

13.08.080 - Suspension of service.#

A.

The POTW may, without notice or hearing, suspend wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the POTW, 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 POTW to violate any condition of its NPDES permit.

B.

Any person notified of 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 user to comply voluntarily with the suspension order, the POTW shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The POTW shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. User shall pay all POTW costs and expenses for any such suspension and restoration of service. 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 POTW within fifteen (15) days of the date of occurrence.

(Ord. 164 § 2 (§ 7.4), 1985)

13.08.090 - Permit revocation.#

Any user who violates the following conditions or applicable state or federal regulations is subject to having the permit revoked: A.

Failure of a user to factually report the wastewater constituents and characteristics of its discharge;

B.

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

C.

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

D.

Violation of conditions of the permit;

E.

Failure to pay any fees or charges;

F.

Encouraging, permitting or committing damage or interference to flow measuring or monitoring equipment, personnel acting under the provisions of this division, surveillance equipment and facilities used to fulfill the enforcement of these rules and regulations, codified in this division.

(Ord. 164 § 2 (§ 7.5), 1985)

13.08.100 - Referral for prosecution.#

All violations of this division shall be referred to the Salt Lake County deputy county attorney assigned to the prosecution of pretreatment standards violations for consultation and the commencement of criminal prosecution under the provisions of the Utah Water Pollution Control Act which incorporates the provisions of this division by reference. Prosecution may be deferred when the purpose of prosecution is achieved without the commencement of a criminal complaint.

(Ord. 164 § 2 (§ 7.6), 1985)

13.08.110 - Civil liability for expenses.#

Any person violating the provisions of this division shall be liable for any expense, loss or damage caused by the POTW by reason of such violation, including the increased costs, if any, for managing effluent or sludge, when such increases are the result of the user's discharge of toxic pollutants. The POTW manager shall add such charge to the discharger's treatment charge.

(Ord. 164 § 2 (§ 7.7), 1985)

13.08.120 - Show cause hearing.#

The POTW may order any user to show cause before the POTW governing authority why its 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 POTW governing authority regarding the violation, the reasons why the action is to be or was taken, the enforcement action and directing the user to show cause before the POTW governing authority why the enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail at least ten days before the hearing.

(Ord. 164 § 2 (§ 7.8.1), 1985)

13.08.130 - Designation of hearing entity.#

The POTW governing authority may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the POTW, or contract with others to: A.

Issue in the name of the POTW 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.

Prepare a report of the evidence and hearing, including transcripts where requested and other evidence, together with recommendations for action thereon.

(Ord. 164 § 2 (§ 7.8.2), 1985)

13.08.140 - Testimony.#

At any hearing held pursuant to this article, testimony may be recorded.

(Ord. 164 § 2 (§ 7.8.3), 1985)

13.08.150 - Cease and desist orders.#

After the POTW governing authority has reviewed the evidence, it may issue an order of cease and desist to the 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 or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

(Ord. 164 § 2 (§ 7.8.4), 1985)

13.08.160 - Appeal procedure.#

Any appeals from a notice of violation and summons or a citation must follow the appeals process outlined in Chapter 2.22 of this code. An appeal request shall be in writing and must be received no later than ten days following such notice or citation.

(Ord. 2008-21 (part): Ord. 164 § 2 (§ 7.9), 1985)

13.08.170 - Legal action authorized.#

If any user discharges into the POTW contrary to the provisions of this division, federal or state pretreatment requirements or any order of the POTW, the POTW attorney may commence an action for appropriate legal and/or equitable relief.

(Ord. 164 § 2 (§ 7.10), 1985)

13.08.180 - Criminal penalty and fines.#

A violation of the pretreatment and discharge standards, which are defined in this division, is a felony subject to prosecution under the Water Quality Act, UCA Title 19, Chapter 5, Section 115.

(Editorially amended during 10/96 supplement; Ord. 164 § 2 (§ 7.11), 1985)

13.08.190 - Termination of service.#

The POTW may terminate or cause to be terminated sewage treatment service to any user for a violation of any provision of this division.

(Ord. 164 § 2 (§ 7.12), 1985)

13.08.200 - User liability.#

In the event that a user discharges such pollutants which cause the POTW to violate any condition of its NPDES permit and the POTW is fined by EPA or the state for such violation, then such user shall be fully liable for the total amount of the fine assessed against the POTW by EPA or the state.

(Ord. 164 § 2 (§ 7.13), 1985)

13.08.210 - Falsifying information.#

In any POTW where authorized by law, any user who knowingly makes false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this division, or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required in this division shall, upon conviction, be punished by a fine of not more than two hundred ninety-nine dollars ($299.00) or by imprisonment for not more than six months, or by both.

(Ord. 164 § 2 (§ 7.14), 1985)

13.08.220 - Additional penalties.#

In addition to the penalties provided in this article, the POTW may recover reasonable attorney's fees, court costs, court reporters' fees and other expenses of litigation by appropriate legal action against the user found to have violated any provision of this division, or the orders, rules, regulations and permits issued under this division. The attorney for the POTW, upon request of the POTW governing authority, shall petition the district court to impose, assess and recover such sums.

(Ord. 164 § 2 (§ 7.15), 1985)