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Code of Halls

Table of Contents » Title 18 Water and Sewers » Chapter 6 Sewer Use Regulations » § 18-619 Enforcement of industrial wastewater discharge permit.
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18
Title 18
18-1
Title 18, Chapter 1
18-101
§ 18-101
Halls
Title 18 : Water and Sewers
Chapter 6 : Sewer Use Regulations

18-619 : Enforcement of industrial wastewater discharge permit.

  1. Administrative enforcement remedies.
    1. General. All administrative enforcement actions taken against a significant industrial user, including procedures, orders, and complaints, shall be in accordance with the Tennessee Water Quality Control Act of 1977 and its amendments, specifically TCA, § 69-3-123.
    2. Notification of violation. Whenever the control authority finds that any significant industrial user has violated or is violating this chapter, an industrial wastewater discharge permit or order issued hereunder, the control authority may serve upon said significant industrial user written notice of the violation. Within 10 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 control authority. Submission of this plan in no way relieves the significant industrial user of liability for any violations occurring before or after receipt of the notice of violation.
    3. Consent orders. The town is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the significant industrial user responsible for the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as compliance orders issued pursuant to § 18-618(1)(e).
    4. Show cause hearing. The control authority may order any significant industrial user which causes or contributes to violation of this chapter, industrial wastewater discharge permit, or order issued hereunder, to show cause before the town why a proposed enforcement action should not be taken. Hearings shall be conducted in accordance with the provisions of TCA, § 69-3-124. Notice shall be served on the significant industrial user specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the significant industrial 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 10 days prior to the hearing. Such notice may be served on any authorized representative of the significant industrial user. Whether or not a duly notified significant industrial user appears as noticed, immediate enforcement action may be pursued.
    5. Compliance order. When the control authority finds that a significant industrial user has violated or continues to violate the chapter, an industrial wastewater discharge permit or order issued hereunder, the town may issue an order to the significant industrial user responsible for the discharge directing that, following at specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices. A compliance order may also contain a fine for noncompliance with the chapter or an industrial wastewater discharge permit.
    6. Cease and desist orders. When the control authority finds that a significant industrial user has violated or continues to violate this chapter, any industrial wastewater discharge permit or order issued hereunder, the town may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
      1. Comply forthwith.
      2. Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
    7. Civil penalties. Notwithstanding any other section of this chapter, any significant industrial user who is found to have violated any provision of this chapter, industrial wastewater discharge permit, and/or orders issued hereunder, may be fined in an amount not to exceed ten thousand dollars ($10,000.00) per violation in accordance with the provisions of TCA §§ 69-3-125, 126, 128 and 129 and 40 CFR 403.8(f)(1)(vi)(A). Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the significant industrial user's next scheduled sewer service charge and the town shall have such other collection remedies as are available to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual significant industrial user's property. Significant industrial users desiring to dispute such fines must file a request for the town to reconsider the fine within 30 days of being notified of the fine. Where the town believes a request has merit, the town shall convene a hearing on the matter within 15 days of receiving the request from the significant industrial user and a hearing will be held before the Mayor and Board of the Town of Halls in accordance with the provisions of TCA, § 69-3-124.
    8. Emergency suspensions.
      1. The town may suspend the wastewater treatment service and/or wastewater discharge permit of a significant industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW, or the environment.
      2. Any significant industrial user notified of a suspension of wastewater treatment service and/or the industrial wastewater discharge permit shall immediately stop or eliminate its contribution of process wastewater to the POTW. In the event of a significant industrial user's failure to immediately comply voluntarily with the suspension order, the control authority shall take such steps as deemed necessary, including immediate severance of the building sewer connection to the POTW, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The town shall allow the significant industrial user to recommence its discharge when the endangerment has passed unless the termination proceedings set forth in § 18-619(1)(i) are initiated against the significant industrial user.
      3. A significant industrial user who is responsible, in whole or in part, for imminent endangerment shall submit to the control authority a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence within five days after notification of suspension of service.
    9. Termination of permit. Any significant industrial user who violates the following conditions of this chapter or an industrial wastewater discharge permit or order, or any applicable state or federal law, is subject to permit termination:
      1. Violation of permit conditions;
      2. Failure to accurately report the wastewater constituents and characteristics of its discharge;
      3. Failure to report significant changes in operations or wastewater constituents and characteristics;
      4. Refusal of reasonable access to the significant industrial user's premises for the purpose of inspection, monitoring or sampling.

      Noncompliant significant industrial users will be notified of the proposed termination of their industrial wastewater discharge permit and be offered an opportunity to show cause under § 18-619(1)(d) of this chapter why the proposed action should not be taken.

  2. Judicial remedies.
    1. General. If any person discharges sewage, industrial wastes, or other wastes into the POTW contrary to the provisions of this chapter or any order or industrial wastewater discharge permit issued hereunder, the town, through the town attorney, may commence an action for appropriate legal and/or equitable relief in the Chancery Court of Lauderdale County. Any judicial proceedings and relief shall be in accordance with the provisions of TCA, § 69-3-127.
    2. Injunctive relief. Whenever a significant industrial user has violated or continues to violate the provisions of this chapter or an industrial wastewater discharge permit or order issued hereunder, the town, through the town attorney, may petition the court for the issuance of a temporary or permanent injunction or both (as may be appropriate) which restrains or compels the activities on the part of the significant industrial user.
  3. Affirmative defenses.
    1. Treatment upsets.
      1. Any significant industrial user which experiences an upset in operations that places it in a temporary state of noncompliance, which is not the result of operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation, shall inform the control authority thereof immediately upon becoming aware of the upset. Where such information is given orally, a written report thereof shall be filed by the significant industrial user within five 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. A significant 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 town for any noncompliance with this chapter, or an order or industrial wastewater discharge permit issued hereunder to the significant industrial user, which arises out of violations attributable 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 significant industrial user properly notified the control authority as required by § 18-619(3)(b)(ii).
      2. A significant industrial user must provide immediate notice to the control authority upon discovery of an unanticipated bypass. The control authority may require the significant 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. A significant 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 pretreatment system. Significant industrial users anticipating a bypass must submit notice to the control authority at least 10 days in advance. The control authority may only approve the anticipated bypass if the circumstances satisfy the requirements set forth in § 18-619(3)(b)(i).
  4. Public notice of violations of industrial wastewater discharge permits. The control authority shall publish, at least annually, in the largest daily newspaper published in the municipality in which the POTW is located, a list of industrial users which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment requirements. For the purposes of this provision, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:
    1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six percent or more of all of the measurements taken during a six 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 or more of all of the measurements for each pollutant parameter during a six-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 under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
    5. Failure to meet, within 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 30 days after the due date, required reports such as baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
    7. Failure to accurately report non-compliance;
    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.
Date Last Updated: 01/03/2011
Codification Date: 03/01/1998

Officials at Date of Last Codification:

Mayor - Eugene Pugh

Aldermen - Wayne Belton

Aldermen - Ty Brasfield

Aldermen - Matt Henderson

Aldermen - David Jennings

Aldermen - James Tyus

Aldermen - Stan Young

Recorder - Vonda Shelton

Date Last Updated: 01/03/2011
Codification Date: 03/01/1998

Officials at Date of Last Codification:

Mayor - Eugene Pugh

Aldermen - Wayne Belton

Aldermen - Ty Brasfield

Aldermen - Matt Henderson

Aldermen - David Jennings

Aldermen - James Tyus

Aldermen - Stan Young

Recorder - Vonda Shelton