§ 90-132. Violations, notice, fine and enforcement.

An escalating enforcement strategy shall be used by the city when industrial users are out of compliance with this article. The various types of enforcement actions, including the industrial discharger enforcement procedure (IDEP), shall be used as determined by the city depending on the circumstances of the violation. Administrative fines shall be established by a duly-adopted resolution of the city.

(1)

If a sampling performed by the user indicates a violation, the user must do each of the following:

a.

Give notice to the city by telephone, in writing or in person within 24 hours of becoming aware of the violation (initial notice);

b.

Give written notice of the violation to the city within seven days of the initial notice; the notification must contain: (i) the magnitude and nature of the violation; (ii) the address of the facility where the violation has occurred; and (iii) details regarding analytical quality assurance;

c.

Resample the final discharge for the violated parameter;

d.

Submit the resampling data to the city within 30 days of becoming aware of the violation;

The resampling data should indicate that the violation has been corrected and the industrial user is in compliance with this article. If the resampling data indicates noncompliance, the user shall have an additional 30 days from the initial notice to comply.

If a violation is determined by the city during monitoring conducted by the city, the city will issue a notice of violation (NOV) and a compliance schedule, including the requirement to resample in order to determine whether a violation is significant. If the city has performed the sampling and analysis in lieu of the industrial user, the city must perform the repeat sampling and analysis unless the user is notified of the violation and the city requires the user to perform the repeat sampling. Resampling data must be submitted to the city within 30 days of the date of the NOV. Compliance is required by the date included in the compliance schedule (compliance date).

The city may require the immediate halt of a discharge if it is deemed as an immediate threat to public health or the WWF. The city may immediately suspend a user's discharge after verbal notice, including notice by telephone, to the user whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The city may also immediately suspend a user's discharge after notice and opportunity to respond that threatens to interfere with the operation of the WWF or which presents or may present an endangerment to the environment. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the city may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the WWF, its receiving stream or endangerment to any individuals. The city may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(2)

Failure to resample, report and comply as required by paragraph (1)a. above is a violation of this article and F.A.C. 62-625.600(6)(b) and shall result in a single administrative fine for each violation reported in the industrial user's sampling data. For example, if the administrative fine is $150.00 per violation and the sampling data indicates four violations, the single administrative fine is $600.00. If the city does not receive the resampling data within 30 days of the initial notice or NOV, the administrative fine is immediately due and payable.

Continued failure to comply within 60 days from the initial notice, or by the compliance date, will result in a monthly fine for each violation commencing from the date of the initial notice or NOV. If the city does not receive re-sampling data within 60 days of the initial notice, or by the compliance date, the monthly fine is immediately due and payable for each month or partial month that the noncompliance continues. For example, if the monthly fine is $500.00 per violation and the sampling data indicates four violations, and the noncompliance continues for six and one-half months from the date of the initial notice or NOV, the monthly fine is $2,000.00 and the total due from the user is $14,000.00 for seven months of noncompliance.

(3)

If significant noncompliance has occurred, the city will issue an NOV requiring the user to submit a compliance schedule within 15 days of the date of the NOV. The schedule shall provide for compliance within 90 days of the date of the NOV (compliance period). The compliance schedule shall require the user to determine the need to install or construct pretreatment facilities during the compliance period. If the city does not receive the compliance schedule within 15 days, a single administrative fine for each violation is immediately due and payable.

Approval of the compliance schedule by the city is a condition of continued operation. The city will review the compliance schedule and approve or deny the schedule within five days of the receipt of the schedule. Failure to obtain an approved compliance schedule from the city within 90 days of the date of the NOV will result in a monthly fine for each violation commencing from the date of the NOV.

If the industrial user determines at any time during the initial 90 days that pretreatment facilities are required, the industrial user will immediately inform the city of such requirement and include a draft construction schedule in the compliance schedule.

The compliance schedule shall include a demonstration of compliance (DOC). At the end of the compliance period, the city will review the DOC data to determine whether compliance has been achieved. Failure to demonstrate compliance during the compliance period will result in a monthly fine that is immediately due and payable for each month or partial month from the date of the NOV to the date of compliance. Within 15 days after the expiration of the compliance period, the industrial user shall submit a final compliance schedule to the city for approval. The final compliance schedule will provide for compliance within 180 days of the date of the NOV (final compliance period).

Approval of the final compliance schedule is a condition of continued operation. The city will review the final compliance schedule and approve or reject the schedule within five days of the receipt of the schedule. If the final compliance schedule is rejected, the industrial user shall have an additional ten days to submit a final compliance schedule. Failure to obtain an approved final compliance schedule from the city within 30 days of the end of the compliance period will result in a doubling of the monthly fine for each violation commencing from the date of the NOV. For example, if the monthly fine is $1,000.00 per violation and there are four violations, and the violations continue for six months, the monthly fine is $4,000.00 for a total of $24,000.00. Failure to obtain an approved final compliance schedule will result in a total monthly fine of $48,000.00.

If the final compliance schedule does not achieve compliance by the end of the final compliance period, the city will issue a written notice to show cause (NSC) why the discharge period should not be revoked and service terminated in accordance with law. The NSC will specify the time and place of the hearing, the proposed enforcement action to be taken, the reasons for such actions and a request that the user show cause why the 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 days prior to the hearing or posted at the location where the alleged violation is occurring or has occurred. Failure to receive notice will not prevent the enforcement action from being taken. Whether or not the user appears as notified, immediate enforcement action may be taken following the hearing.

If the industrial user shows cause for its failure to comply, service will not be terminated and the permit will not be revoked. The monthly fine amount will triple for each month from the date of the NOV until final compliance is achieved. The industrial user will submit a revised final compliance schedule within 15 days of the date of the show cause hearing. At any time during the final compliance schedule, the city may issue a further notice to show cause and seek termination of service and revocation of the discharge permit.

If the industrial user fails to show cause why its permit should not be revoked and service terminated, the industrial user's permit shall be revoked and its sewer service will be terminated by the city.

(4)

Penalties for violations of this article and/or the industrial user's wastewater discharge permit not specifically addressed in this section will be assessed at the discretion of the city.

(Ord. No. 4414-12, § 1, 4-2-2012)