Legal Documents of Bulls Gap

Termination of service. In order to effect its powers, the manager may enter upon private property for the purpose of inspection and maintenance of sanitary and waste disposal facilities and may terminate service to property which a violation of any rule or regulation of this chapter is found to exist. Prior to termination of service, however, the manager shall notify, in writing, the owner and tenant, if any, of such property that service is intended to be so terminated and conduct a hearing thereon as herein provided.

In the event of an emergency that, in the opinion of the manager, threatens harm to the facilities or endangers the public health, the manager shall notify the owner and/or tenant and immediately take action to terminate service to the property. In such cases, a hearing shall be held by the manager on said termination within twenty-four (24) hours to allow the user an opportunity to demonstrate to the manager that the emergency situation has been abated or corrected and that the danger to the facilities or public health no longer exists.

Civil liabilities. Any person or user who violates any provision of this chapter, requirements or conditions set forth in permits duly issued, or the Water Quality Control Act and the regulations promulgated thereunder, or who discharges wastewater which causes pollution or violates any ceases and desist order prohibition, effluent limitation, national standard or performance, pretreatment or toxicity standard, shall be liable civilly. Said civil liability and assessed penalties may be in a sum not to exceed ten thousand dollars ($10,000.00) for each day in which such violation occurs.

The manager may petition the circuit or chancery court to impose, assess, and recover such sums. In determining such amount, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, the corrective action, if any.

1. Any user who has violated or continues to violate this chapter or any order or permit issued hereunder, shall be liable to the manager for a civil penalty of not more than ten thousand dollars ($10,000.00), but at least fifty dollars ($50.00), plus actual damages incurred by the POTW per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the manager may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
2. The manager shall petition the court to impose, assess, and recover such sums. In determining amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, and economic benefit gained through the industrial user's violation, corrective actions by the industrial user, the compliance history of the user, Tennessee Code Annotated, § 69-3-125, and any other factor as justice requires. The Town of Bulls Gap is authorized to impose civil penalties for "intentional and negligent" violation only. By linking civil liabilities to intent or negligence, the Town of Bulls Gap can prove that the industrial user knew, or should have known, that it was violating the ordinance or its wastewater permit. According to the Clean Water Act, industrial users are strictly liable for all pretreatment violations. Strict liability is a legal standard which mean that users are held legally responsible for noncompliance, regardless of intent or negligence.

1. Violations, generally.
   1. Any user who willfully failing or refuses to comply with any provisions of the water quality control, unlawfully polluting the waters, or negligently violates any provision of this chapter or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00) per violation per day or imprisonment for not more than one (1) year or both.
   2. In the event of a second conviction, the user shall be punishable by a fine not to exceed three thousand dollars ($3,000.00) per violation per day or imprisonment for not more than three (3) years or both.
2. Falsifying information.
   1. Any user who knowingly makes any false statements, representations, or certifications in any application, record, report, plans, specifications, or other data filed or required to be maintained pursuant to this chapter, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00) per violation per day or imprisonment for not more than one (1) year or both.
   2. In the event of a second conviction, the user shall be punishable by a fine not to exceed three thousand dollars ($3,000.00) per violation per day or imprisonment for not more than three (3) years or both.

Administrative fines. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of the ordinance, or permits and orders issued hereunder, shall be fined in an amount not to exceed one thousand dollars ($1,000.00) per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the manager shall have such other collection remedies as he has to collect other service charges.

Unpaid charges, fines, and penalties shall constitute a lien against the individual user's property. Users desiring to dispute such fines must file a request for the manager to reconsider the fine within ten (10) days of being notified of the fine. Where the manager believes a request has merit, he shall convene a hearing on the matter within fifteen (15) days of receiving the request from the user.

1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent (66%) or more of all of the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
2. Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent (33%) or more of all of the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH;
3. Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);
4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge;
5. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
6. Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
7. Failure to accurately report noncompliance;
8. Any other violation or group of violations which the control Authority determines will adversely affect the operation or implementation of the local pretreatment program. (Ord. #02-16-99-1, March 1999)