Legal Documents of Maryville

Show cause hearing. The control authority may order any user who causes or allows an unauthorized discharge to enter the POTW or contributes to violation of this ordinance or wastewater permit or order issued hereunder, to show cause before the hearing authority why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting to be held by the hearing authority regarding the violation, the proposed enforcement action and the reasons for such action, and directing the user to show cause before the hearing authority 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 ten (10) 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 user appears as noticed, immediate enforcement action may be pursued.

The hearing authority may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the city to:

1. Issue in the name of the hearing authority notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
2. Take the evidence;

3. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the hearing authority for action thereon.

   At any hearing held pursuant to this ordinance, testimony taken shall be under oath and may, at the request of either party, be recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.

   After the hearing authority has reviewed the evidence, it may issue an order 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 on existing treatment facilities, and/or these devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued, including the installation of pretreatment technology, additional self-monitoring and management practices.

   Decisions of the hearing authority may be appealed to the appeal authority within thirty (30) days. If an appeal is not made to the local appeal authority within thirty (30) days of notification of such decision, user shall be deemed to have consented to such decision and it shall become final.

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

Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a 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 sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The control authority shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge, unless the termination proceedings set forth in § 18-207(2)(h). are initiated against the user.

Any user whose wastewater treatment service and/or wastewater discharge permit is suspended shall submit a detailed written statement describing the cause of the harmful contribution and the measures taken to prevent any future occurrence to the control authority within five (5) days of the occurrence.

1. Violation of conditions of the permit;
2. Failure of a user to accurately report the wastewater constituents and characteristics of his discharge;
3. Failure of the user to report significant changes in operations, or wastewater constituents and characteristics; or
4. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.

1. Any user who is found to have violated an order of the control authority or who willfully or negligently failed to comply with any provision of this ordinance, and the orders, rules, regulations and permits issued hereunder, shall be fined not more than ten thousand dollars ($10,000.00) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the city may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated this ordinance or the orders, rules, regulations and permits issued hereunder.
2.  
   1. The control authority may assess any person or user for damages to the POTW resulting from that person's or user's pollution, violation, or failure or neglect in complying with any permit(s) or order(s) issued pursuant to the provisions of the pretreatment program, this ordinance, or Tennessee Code Annotated, §§ 69-3-123, 69-3-124, or 69-3-125.
   2. If any appeal from such assessment is not made to the local appeal authority within thirty (30) days of notification of such assessment, the person or User shall be deemed to have consented to such assessment and it shall become final.
   3. Damages may include any expenses incurred in investigating and enforcing the pretreatment program, this ordinance or Tennessee Code Annotated, §§ 69-3-123 through 69-3-129; in removing, correcting, and/or terminating any pollution; and also compensation for any actual damages caused by the pollution or violation.
   4. Whenever any assessment has become final because of a person's or user's failure to appeal within the time provided, the control authority may apply to the appropriate court for judgment, and seek execution of such judgment. The court, in such proceedings, shall treat failure to appeal such an assessment as a confession of judgment in the amount of the assessment.
3. The control authority may 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 of the violation, any economic benefits gained through the user's violation, corrective actions taken by the user, the compliance history of the user, and any other factors as justice requires.

1. Any 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 and improper operation, shall inform the control authority thereof immediately upon becoming aware of the upset. Where such information is given orally, a written report 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 or expected 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 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 control authority for any noncompliance with this ordinance, or any order or permit issued hereunder to the user, which arises out of violations attributable to and alleged to have occurred during the period of the documented and verified upset.

1. A bypass of the treatment system or any portion thereof is prohibited unless all of the following conditions are met:
   1. The bypass was unavoidable in order 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 user properly notified the control authority as described in § 18-208(5)(b)(ii) below.
2. Users must provide immediate notice to the control authority upon discovery of an unanticipated bypass. A written submission shall also be provided within 5 days of the time the User becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. The control authority may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
3. A user may request approval of the control authority for a bypass 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. Users anticipating such a bypass must submit notice to the control authority at least ten (10) days in advance. The control authority may only approve the anticipated bypass if the circumstances satisfy those set forth in § 18-208(5)(b)(i). (Ord. #2021-42, Dec. 2021)