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PART A. |
ADMINISTRATIVE ENFORCEMENT REMEDIES. |
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Section 1. |
Notification of Violation. Whenever a user is found to be in violation
of any provision of this Code, permit or order issued pursuant to this Code, or any
pretreatment standard or requirement, the Administrator of the Unified Wastewater
Districts and/or the Director of the Environmental Department shall provide the
user with a notice of the nature of the violation, and direct that
appropriate action be taken to remedy the noncompliance. In the case of permitted
industrial users, enforcement of pretreatment violations shall generally be in
accordance with the guidelines set forth in the Environmental Department’s Enforcement
Response Plan. Within thirty (30) days from issuance of such notice, unless a shorter
time is specified, a plan for the satisfactory correction thereof shall be
submitted by the user to the Administrator and/or Director. |
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(a) |
Emergency Notice. For a violation which involves the discharge or
imminent threat of discharge of pollutants by a user and which presents or
appears to present an immediate danger to the health or welfare of humans or
the environment or to the integrity or operations of the sewerage system, the
Administrator and/or Director may notify the user by telephone or visit
to take immediate action to discontinue or reduce the discharge to safe
levels or, in the case of an imminent threat, to take appropriate
actions to eliminate the threat within a reasonable amount of time as
established by the Administering Agency. Such verbal notice shall be followed
within five (5) days by a written notice. |
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(b) |
Written Notice. For any violation other than one requiring immediate
action, the Administrator and/or Director may notify the user by letter or by order
as provided in Section 2, below, of this Article as to the nature of the
violation and require the user to take action to remedy the noncompliance. |
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Section 2. |
Administrative Orders. The Administrator and/or Director is authorized
to issue the following administrative orders at any time the Administering Agency
deems such action appropriate to secure timely and effective compliance with this
Code or an industrial wastewater discharge permit or order issued pursuant to this
Code, whether or not any previous notifications of violation have been provided to the user: |
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(a) |
Cease and Desist Order. The Administrator and/or Director may issue an
order to cease and desist a violation or an action or inaction which threatens a
violation and to direct the user to comply forthwith or to take such appropriate
remedial or preventive action as may be needed to properly address the violation
or threatened violation, including halting operations and terminating the discharge. |
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(b) |
Compliance Order. The Administrator and/or Director may issue an order
requiring a user to provide within a specified period of time, such treatment,
pretreatment or discharge control facilities or related appurtenances as are
necessary to correct a violation or to prevent a threatened violation. A compliance
order may also direct that a user provide improved operation and maintenance of
existing discharge facilities, conduct additional self-monitoring or submit appropriate
reports or management plans. |
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(c) |
Show Cause Order. Administrator and/or Director may issue an order
to show cause why a proposed enforcement action should not be taken. Notice shall
be served on the user specifying the time and place for a meeting, the proposed
enforcement action and the reasons for such action, and a request that the user
show cause why the proposed enforcement action should not be taken. Whether or
not a duly notified user appears at the show cause meeting, additional enforcement
action may be initiated. |
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(d) |
Consent Order. Administrator and/or Director may enter into consent
orders, assurances of voluntary compliance, or other similar documents establishing
an agreement with a user. Such orders shall include specific actions to be taken
by the user and specific time frames to correct a violation or to remove the threat
of a violation. |
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Section 3. |
Emergency Authority. |
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(a) |
When a user has failed to take action within the time established in a notice
or order to eliminate an imminent threat to humans or to the environment
or to the effective operation of the sewerage system, the Administrator
and/or Director may take such action as deemed necessary, including work
by county personnel, to eliminate the threat or to mitigate the impact
on the sewerage system or the environment. The Administering Agency
shall attempt to notify the person or user of the intended action, but
if unable to do so within a reasonable period of time, shall proceed
with the work. The user shall reimburse the County for all costs associated
with such action. |
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(b) |
Whenever any work is being performed on a building connection or sewer contrary
to the provisions of this Code, the Administrator and/or Director may
order the work stopped immediately by issuing a cease and desist order,
oral or written, and serving it on any persons engaged in such work, and
any such person shall forthwith stop such work until authorized to proceed. |
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Section 4. |
Emergency Suspensions. The Administrator and/or Director may immediately
suspend a user's discharge, after informal notice 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 or the sewerage system. The Administering Agency
may also immediately suspend a user's discharge, after notice and opportunity to
respond, that threatens to interfere with the operation of the sewerage system, or
which presents, or may present, an endangerment to the environment. |
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(a) |
Any user notified of a suspension of its discharge shall immediately stop or
eliminate its contribution. In the event of the user's failure to immediately
comply voluntarily with the suspension order, the Administering Agency may 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 Administering Agency may allow the
user to recommence its discharge when the user has demonstrated to the
satisfaction of the Administering Agency that the period of endangerment
has passed, unless the termination proceedings in Article 5.A.5, of this
Code are initiated against the user. |
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(b) |
A user that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written
statement, describing the causes of the harmful contribution and the
measures taken to prevent any future occurrence, to the Administering
Agency prior to the date of any show cause or termination hearing under
Article 5.A.2 and 5 of this Code. |
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(c) |
Nothing in this section shall be interpreted as requiring a hearing prior to any
emergency suspension under this section. |
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Section 5. |
Termination of Discharge. In addition to the provisions in
Article 5.A.4 of this Code, any user who violates any of the following conditions
is subject to discharge termination: |
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(a) |
Cause of Termination. In addition to the provisions in
Article 5.A.4 of this Code, any user who violates any of the following
conditions is subject to discharge termination: |
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(1) |
Violation of industrial wastewater discharge permit conditions; |
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(2) |
Failure to accurately report the wastewater constituents and Characteristics of its
discharge; |
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(3) |
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge; |
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(4) |
Refusal of reasonable access to the user's premises for the purpose of
inspection, monitoring, or sampling; or |
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(5) |
Violation of the pretreatment standards in Article 4.C of this Code. |
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(b) |
Process for Termination. Such user will be notified of the
proposed termination of its discharge and be offered an opportunity to show cause
under Article 5.A.2 of this Code why the proposed action should not be taken. Exercise
of thiS option by the Administering Agency shall not be a bar to, or a
prerequisite for, taking any other action against the user. |
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Section 6. |
Administrative Fines. |
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(a) |
When the Administrator and/or Director finds that a person or user has
violated, or continues to violate, any provision of a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Administering Agency may fine such user in
an amount as delineated in Attachment "A", Administrative Fine
Structure for Noncompliance with Wastewater Discharge and Pretreatment
Regulations. Such fines may be assessed on a per violation, per day basis.
In the case of monthly or other long term average discharge limit
exceedances, fines may be assessed for each day during the period of
violation. A lien against the users property shall be sought for such
unpaid fines and interest. |
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(b) |
Delinquent administrative fines shall, after thirty (30) calendar days,
be considered delinquent and shall accrue interest at the same rate
interest accrues for delinquent ad valorem taxes under State Law.
In addition to any interest payable on the past due balance, a
late payment fee in the amount of Five Dollars ($5.00) shall be assessed
for each violation. Unpaid administrative fines and interest shall be
collected in the same manner that delinquent ad valorem taxes are collected
under State law. In addition thereto, the Board of County Commissioners
may cause suit to be commenced against any person or user that has failed
to make timely payment of such fines and accrued interest in any Court
of competent jurisdiction for the purpose of collecting such charges. |
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(c) |
On or before August 15, of each year, the Administrator and/or Director
shall certify to the County Clerk of Johnson County the legal
description of any real property subject to a lien for delinquent
administrative fines along with the amount of such fines and interest
accrued through the date of certification. Upon receipt of
certification, the County Clerk shall place such charges for delinquent
administrative fines and accrued interest on the tax rolls of the
property for collection in the same manner that a lien securing
delinquent ad valorem taxes are collected under State Law. |
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(d) |
Written Notice of the intent of the Administrator and/or Director to certify
such delinquent administrative fines and accrued interest to the County
Clerk for placement on the tax rolls shall be sent by certified mail at
least thirty (30) days prior to certification to the mailing address of
the owners of the subject property listed on the real estate tax records
at the Johnson County Treasurer’s Office or other known address and to
the current billing address of any person or persons residing upon or
otherwise occupying the real property who are deemed to be the actual
users of the sewer service that shall state: |
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(i) |
The intent of the Administrator and/or Director to certify the delinquent
administrative fines and accrued interest to the County Clerk for
placement on the tax rolls of the subject property unless such
administrative fines and accrued interest is paid in full within thirty
(30) days from the date of the Notice. |
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(ii) |
The date the Administrator and/or Director intends to certify the lien. |
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(e) |
Any partial payments received in payment of delinquent administrative fines
and accrued interest shall be applied first to any accrued interest and
then to the principal amount of such administrative fines. Such payments
shall be payable by the user to the appropriate Administering Agency. Following
the placement of delinquent administrative fines and accrued interest on
the real estate tax rolls, all payment for such charges shall be made to
the Johnson County Treasurer’s Office subject to the procedures under
which delinquent ad valorem real estate tax payments are accepted,
applied and distributed by the Johnson County Treasurer under state law. |
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(f) |
Users desiring to dispute such administrative fines must file a written
request to the Administering Agency to reconsider the fine along with
full payment of the fine and accrued interest amount within five (5)
days of being notified of the fine. Where a request has merit, the
Administrator and/or Director may convene a hearing on the matter.
In the event the user's appeal is successful, the payment shall be
returned to the user. The Administrator and/or Director may add the
costs of preparing administrative enforcement actions, such as notices
and orders, to the fine. |
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(g) |
Issuance of an administrative fine shall not be a bar against, or a prerequisite
for, taking any other action against the user. |
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PART B. |
JUDICIAL ENFORCEMENT REMEDIES. |
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Section 1. |
Injunctive Relief. When the Administrator of the Unified Wastewater
District and/or the Director of the Environmental Department finds that a person
or user has violated, or continues to violate, any provision of this Code, a connection
permit, an industrial wastewater discharge permit, a grease interceptor
operating permit, or order issued hereunder, or any other pretreatment
standard or requirement, the Administrator and/or Director may petition
a court of competent jurisdiction through the County Counselor for the
issuance of a temporary or permanent injunction, as appropriate, which
restrains or compels the specific performance of the industrial
wastewater discharge permit, grease interceptor operating permit, order,
or other requirement imposed by this Code on activities of such person
or user. The Administrator and/or Director may also seek such other action
as is appropriate for legal and/or equitable relief, including a requirement
for the person or user to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against nor a prerequisite for, taking
any other action against the such person or user. |
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Section 2. |
Civil Penalties. |
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(a) |
A person or user who has violated, or continues to violate, any provision
of this Code, a connection permit, an industrial wastewater discharge
permit, a grease interceptor operating permit or order issued hereunder,
or any other pretreatment standard or requirement shall be liable to the
County for a maximum civil penalty of Two Thousand Dollars ($2,000.00)
per violation, per day. In the case of a monthly or other long-term average
discharge limit, penalties shall accrue for each day during the period of the
violation. |
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(b) |
The Administrator and/or Director may also recover reasonable attorneys'
fees, court costs, and other expenses associated with enforcement
activities, including sampling and monitoring expenses, and the cost of
any actual damages incurred by the County. |
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(c) |
In determining the amount of civil 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 benefit gained by such person or user as a
result of the violation, corrective actions by the person or user, the
compliance history of such person or user, and any other factor as
justice requires. |
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(d) |
Filing a suit for civil penalties shall not be a bar against, or a prerequisite
for, taking any other action against a person or user. |
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Section 3. |
Criminal Prosecution. |
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(a) |
A person or user who violates any provision of a connection permit shall,
upon conviction, be guilty of a Class D Infraction, punishable by a fine
of not less than Fifty Dollars ($50.00), nor more than One Hundred
Dollars ($100.00). Each calendar day, in which any such violation continues,
including weekends and holidays, shall be deemed a separate offense. |
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(b) |
A person or user who violates any provision of this Code or an order
issued hereunder, including but not limited to violations of Article 3.
B.6 and Article 4. E., or introduces any substance into the sewerage
system which causes personal injury or property damage shall, upon
conviction, be guilty of a Class G Infraction, punishable by a fine of
not less than One Hundred Dollars ($100.00) nor more than Five Hundred
Dollars ($500.00). Each calendar day, in which any such violation persists,
including weekends and holidays, shall be deemed a separate offense. |
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(c) |
A user who violates any provision of an industrial wastewater discharge
permit or of any pretreatment standard or requirement, shall, upon
conviction, be guilty of a Class I Infraction, punishable by a fine of
not less than One Hundred Dollars ($100.00) nor more than Five Hundred
Dollars ($500.00). Each calendar day, in which any such violation
persists, including weekends and holidays, shall be deemed a separate
offense. |
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(d) |
Any person or user who knowingly makes any false statements, representations,
or certifications in any application, reports, records, plan, or other
documentation filed, or required to be maintained, pursuant to this Code,
connection permit, industrial wastewater discharge permit, grease interceptor
operating permit, or order issued hereunder, or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required under
this Code shall, upon conviction, be guilty of a Class I Infraction punishable by
a fine of not less than One Hundred Dollars ($100.00) nor more than Five
Hundred Dollars ($500.00). Each calendar day, in which any such
violation persists, including weekends and holidays, shall be deemed a
separate offense. |
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(e) |
In the event of a second conviction, a person or user shall be guilty of
the next higher class infraction. Each calendar day, in which any such
violation persists, including weekends and holidays, shall be deemed a
separate offense. |
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Section 4. |
Remedies Nonexclusive. The remedies provided for in this Code
are not exclusive. The Administrator and/or Director of the Administering Agency
may take any, all, or any combination of these actions against a
non-compliant person or user. Enforcement of pretreatment
violations will generally be in accordance with the Environmental
Department’s Enforcement Response Plan. However, the Administering Agency
may take other action against any person or user when the circumstances warrant.
Further, the Administering Agency is empowered to take more than one enforcement
action against any non-compliant person or user. |
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PART C. |
SUPPLEMENTAL ENFORCEMENT ACTION. |
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Section 1. |
Performance Bonds. The Director may decline to issue or reissue
an industrial wastewater discharge permit to any industrial user who has failed
to comply with any provision of this Code, a previous industrial wastewater discharge
permit, or order issued hereunder, or any other pretreatment standard or
requirement, unless such industrial user first files a satisfactory
bond, payable to the County in a sum not to exceed a value determined by
the Director to be necessary to achieve a consistent compliance. |
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Section 2. |
Access and Right of Entry. Representatives of the Environmental
Department, the Unified Wastewater Districts, the KDHE, and the EPA, and their
designated agents, upon proper showing of identification, shall have the right
to enter upon a user’s property for sewer maintenance, inspection, sampling or
other purpose permitted under this Code, and may apply for the issuance of an
administrative search warrant from a court of competent jurisdiction to obtain
access in situations where deemed advisable. |
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Section 3. |
Liability Insurance. The Director may decline to issue or reissue
an industrial wastewater discharge permit to any industrial user who has failed
to comply with any provision of this Code, a previous industrial wastewater
discharge permit, or order issued hereunder, or any other pretreatment standard
or requirement, unless the industrial user first submits proof that it has
obtained financial assurances sufficient to restore or repair damage to the POTW
caused by its discharge. |
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Section 4. |
Sewer Connection Severance. Whenever a user has violated or
continues to violate any provision of this Code, a condition of a sewer
connection permit, an industrial wastewater discharge permit, grease interceptor
operating permit, or order issued hereunder, or any other pretreatment standard
or requirement, sewer service to the user may be severed. Service will only
recommence, at the user's expense, after it has satisfactorily demonstrated its
ability to comply. |
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Section 5. |
Public Nuisances. A violation of any provision of this Code,
an industrial wastewater discharge permit, grease interceptor operating
permit, or order issued hereunder, or any other pretreatment standard or
requirement is hereby declared to be a public nuisance. Accordingly, it is
hereby declared that in the interest of the public health, safety and welfare
the elimination or removal of such public nuisances are public purposes,
which may be corrected or abated as directed by the Administrator and/or
Director. |
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Section 6. |
Contractor Listing. Industrial users, which have not achieved compliance
with applicable pretreatment standards and requirements, are not eligible to receive
a contractual award for the sale of goods or services to the County. Existing
contracts for the sale of goods or services to the County held by an
industrial user found to be in significant noncompliance with
pretreatment standards or requirements may be terminated at the
discretion of the BOCC. |
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Section 7. |
Withholding Permit. The Administrator and/or Director may refuse to
issue a permit to any applicant if the applicant has violated any provision of
this Code, connection permit, industrial wastewater discharge permit or grease
interceptor operating permit and, at the time when application is made
for said permit, the applicant has failed or refused to correct such
violation or failed or refused to pay or satisfy any penalty imposed
under this Code. |
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Section 8. |
Public Notification. To comply with 40 C.F.R. 403.8(f)(2)(vii)
the Environmental Department shall publish, at least once a year, in the local
daily newspaper with the largest circulation in the Unified Wastewater Districts
service area the name of industrial users which, during the calendar year are in
significant noncompliance of applicable pretreatment standards or requirements. |
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