Legal Documents of Jefferson City

Show cause hearing. The public works director may order any industrial user who causes or is responsible for an unauthorized discharge or who has violated this policy or is in non-compliance with a wastewater discharge permit to show cause why a proposed enforcement action should not be taken. In the event the public works director determines that a show cause order should be issued, a notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, 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 hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.

The public works director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate.

A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under § 18-608(2) nor is any action or inaction taken by the public works director under this section subject to an administrative appeal under § 18-604(8).

1. Immediately comply with this policy, the permits or orders issued under this policy and with all other applicable requirements;
2. Comply in accordance with a compliance time schedule set forth in the order;
3. Take appropriate remedial or preventive action in the event of a continuing or threatened violation;

4. Disconnect from the sewer system unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period.

   Appeal of an administrative order issued in accordance with this section shall be as provided in § 18-604(8).

Emergency suspensions. The public works director may suspend the wastewater treatment service and/or wastewater permit when such suspension is necessary 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 or the environment, interferes with the POTW or causes the POTW to violate any condition of its NPDES or non-discharge permit.

Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate the noncompliant contribution. A hearing will be held within fifteen (15) days of the notice of suspension to determine whether the suspension should be lifted or whether the user's waste discharge permit terminated. In the event of a failure to comply voluntarily with the suspension order, the public works director 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 public works director shall reinstate the wastewater permit and the wastewater treatment service upon proof of the elimination of the noncompliant discharge.

The industrial user shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the public works director prior to the date of the above-described hearing.

1. Failure to accurately report the wastewater constituents and characteristics of his discharge;
2. Failure to report significant changes in operations, or wastewater constituents and characteristics;
3. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;
4. Failure to meet compliance schedules;
5. Failure to provide advance notice of the transfer of business ownership of a permitted facility;
6. Tampering with monitoring equipment;
7. Falsifying self-monitoring reports and certification statement.

8. Violation of conditions of the permit or permission to discharge, conditions of this policy or any applicable state and federal regulations;

   Non-compliant industrial users will be notified of the proposed termination of their wastewater permit and will be offered an opportunity to show cause under § 18-608(1) of this policy why the proposed action should not be taken.

1. Penalties per day per violation may be assessed against a violator only if:
   
   
   
   1. For any class of violation, only if a civil penalty has been imposed against the violator within the five (5) years preceding the violation, or
   2. In the case of failure to file, submit, or make available, as the case may be, any documents, data, or reports required by this policy, or the orders, rules, regulations and permits issued hereunder, only if the public works director determines that the violation was intentional, and a civil penalty has been imposed against the violator within the five (5) years preceding the violation.
2. In determining the amount of the civil penalty, the public works director s hall consider the following:
   
   
   
   1. The degree and extent of the harm of natural resources, to the public health, or to public or private property resulting from violation;
   2. The duration and gravity of the violation;
   3. The effect on ground or surface water quantity or quality or on air quality;
   4. The cost of rectifying the damage;
   5. The amount of money saved by non-compliance;
   6. Whether the violation was committed willfully or intentionally;
   7. The prior record of the violator in complying or failing to comply with the pretreatment program;
   8. The costs of enforcement to the city.
3. Appeals of civil penalties assessed in accordance with this section shall be as provided in § 18-604(8).