Legal Documents of Bulls Gap

The enforcement responses that the Town of Bulls Gap should enforce upon users who are in violation of the sewer use ordinance are described in this section and § 18-108. The local enforcement response plan, state law and the sewer use ordinance should be closely reviewed by the controlling authority prior to enforcement of any of the following responses.

1. Administrative orders.
   
   1. Notification of violation. Whenever the superintendent finds that any industrial user has violated or is violating this chapter, or a wastewater permit or order issued hereunder, the superintendent or his agent may serve upon said user written notice of the violation. Within fourteen (14) days of the receipt date 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 to the superintendent, submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.
   2. Consent orders. The superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders.
   3. Show cause hearing. The superintendent may order any industrial user which causes or contributes to violation of this chapter or wastewater permit or order issued hereunder, to show cause why a 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 and the reasons for such action, and a request that the user show cause why this 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 fourteen (14) days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified industrial user appears as noticed, immediate enforcement action may be pursued.
   4. Compliance order. When the superintendent finds that an industrial user has violated or continues to violate the ordinance or a permit or order issued thereunder: he may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonable necessary and appropriate to address the noncompliance. Including the installation of pretreatment technology, additional self-monitoring, and management practices.
2. Issuance of cease and desist orders. When the manager finds that a discharge of wastewater has taken place, in violation of prohibitions or limitations of this chapter, or the provisions of a wastewater discharge permit, the manager shall issue an order to cease and desist and that these persons not complying with such prohibitions, limits, requirements, or provisions, to:
   
   1. Comply forthwith;
   2. Comply in accordance with a time schedule set forth by the manager;
   3. Take appropriate remedial or preventive action in the event of a threatened violation; or
   4. Surrender his applicable user's permit if ordered to do so after a show cause hearing.
3. Submission of time schedule. When the manager finds that a discharge of wastewater has been taking place, in violation of prohibitions or limitations prescribed in the ordinance, or wastewater source control requirements, effluent limitations or pretreatment standards, or provisions of a wastewater discharge permit, the manager shall require the user to submit for approval, with such modifications as it deems necessary, a detailed time schedule of specific actions which the user shall take in order to prevent or correct a violation of requirements.
4. Hearings/appeals.
   
   1. Except in those emergency situations as provided for in § 18-107(8), the manager shall afford any user an opportunity for a hearing and shall provide not less than forty-eight (48) hours' notice thereof, before terminating service for any reason other than non-payment.

   2. Any user, permit applicant, or permit holder affected by any decision, action or determination, including cease and desist orders, made by the manager interpreting or implementing the provisions of this chapter or in the granting or refusing of any permit issued hereunder, may file with the manager a written request for reconsideration within thirty (30) days of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration. The manager's decision, action, or determination shall remain in full force and effect during such period of reconsideration and during the appeal therefrom, unless modified or suspended by the sewer regulation appeals board. Failure to petition for an appeal or reconsideration of an implemented provision within the allotted time is deemed a waiver by the permittee of his right to challenge the term of this permit.

      If the ruling made by the manager is unsatisfactory to the person requesting reconsideration, he may, within ten (10) days after notification of the action, file a written appeal to the sewer regulation appeals board. The written appeal shall be heard within thirty (30) days from the date of filing. The sewer regulation appeals board shall make a final recommendation on the appeal within fifteen (15) days of the close of the meeting as set forth in § 18-107. Appeal from the decision of the sewer regulation appeals board shall be to the Board of Mayor and Aldermen of the Town of Bulls Gap. The decision, action, or determination of the sewer regulation appeals board shall remain in effect during the pendency of any appeal unless modified or suspended by the board of mayor and aldermen. The decision of the board of mayor and aldermen shall remain in effect during the pendency of an appeal to the courts unless the same is modified or suspended by a court of competent jurisdiction after notice and an evidentiary hearing.

5. Scope of review by sewer regulation appeals board and/or the board of mayor and aldermen.
   
   1. Review of actions or decisions other than the refusal of applications for exceptions and/or conditions on discharge permits shall be to determine whether or not the decision, action or determination made by the manager is reasonable and necessary to protect the POTW and/or to effectuate the provisions of this chapter.
   2. Review of actions involving refusal of applications for exceptions and/or conditions on discharge permits shall be to determine whether or not the party appealing said decision has met the prescribed conditions. In making this determination, the board may consider the following:
      1. The cost of pretreatment or other types of control techniques which could be necessary far the user to achieve effluent reduction, but prohibitive cost alone shall not be the basis for granting a variance;
      2. The age of equipment and industrial facilities involved to the extent that such factors effect the quality or quantity of wastewater discharge;
      3. The process employed by the user and process changes available which would effect the quality or quantity of wastewater discharged;
      4. The engineering aspects of various types of pretreatment or other control techniques available to the user to improve the quantity or quality of wastewater discharge.
6. Notice of user. Notice of a discharge in violation of this chapter shall be served on the owner, user, and/or permit holder by certified mail, return receipt requested, as well as and in addition to any other means of communication that the town has available to notify the party of said violation, and the need for corrective action.
7. Accidental discharges.
   1. Notification of discharges. Users shall notify the manager (or his designated official), immediately upon accidental discharging wastes in violation of this chapter to enable counter measures to be taken by the manager to minimize damage to the community sewer, treatment facility, treatment processes, and the receiving waters. This notification shall be followed, within five (5) days of the date of occurrence, by a detailed written statement describing the cause of the accidental discharge and the measures being taken to prevent future occurrence. Such notification will not relieve users of liability for any expenses, loss, or damage to the sewer system, treatment plant, or treatment process, or for any fines imposed on the "board" on account thereof under state and federal law.

   2. Notice to employees. In order that employees of users be informed of the "board's" requirements, users shall make available to their employees copies of this chapter together with such other wastewater information and notices which may be furnished by the manager from time to time directed toward more effective water pollution control.

      A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of the ordinance.

   3. Preventive measures. Any direct or indirect connection or entry point for persistent or deleterious wastes to the user's plumbing or drainage system shall be eliminated.
8. Emergency suspensions.
   
   1. The superintendent may suspend the wastewater treatment service and/or wastewater permit of an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing and imminent or substantial endangerment to the health or welfare of persons, the POTW, or the environment.
   2. Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit 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 shall 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 shall allow the user to recommence its discharge when the endangerment has passed.
   3. An industrial user which is responsible, in whole or in part, for 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 ta the date of the hearing described in paragraph (8)(b) above.
9. Affirmative defenses.
   
   1. Treatment upsets.
      1. Any industrial user which experiences an upset in operations that place it in a temporary state noncompliance, which is not the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation, shall inform the superintendent thereof immediately upon becoming aware of the upset. Where such information is given orally, a written report therefore shall be filed by the user within five (5) days. The report shall contain:
         
         1. A description of the upset, its cause(s), and impact on the discharger's compliance status.
         2. The duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance is continuing, the time by which compliance is reasonably expected to be restored.
         3. All steps taken or planned to reduce, eliminate, and prevent recurrence of such an upset.
      2. An industrial user which complies with the notification provisions of this section in a timely manner shall have an affirmative defense to any enforcement action brought by the superintendent for any noncompliance with this chapter, or an order or permit issued hereunder by the user, which arises out of violations attributable to and alleged to have occurred during the period of the documented and verified upset.
   2. Treatment bypasses.
      1. A bypass of the treatment system is prohibited unless all of the following conditions are met:
         
         1. The bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
         2. There was no feasible alternative to the bypass, including the use of auxiliary treatment or retention of the wastewater; and
         3. The industrial user properly notified the superintendent as described in subsection (9)(b)(ii) below;
      2. Industrial users must provide immediate notice to the superintendent upon discovery of an unanticipated bypass. If necessary, the superintendent may require the industrial user to submit a written report explaining the cause(s), nature, and duration of the bypass, and the steps being taken to prevent its recurrence.
      3. An industrial user may allow a bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to ensure efficient operation of the treatment system. Industrial users anticipating a bypass must submit notice to the superintendent at least ten (10) days in advance. The superintendent may only approve the anticipated bypass if the circumstances satisfy those set forth in subsection (9)(b)(i) above. (Ord. #02-16-99-1, March 1999)