Prior to the adoption of Ord. 16734 on 01/02/2001, Section 22-217 read as follows.


    (a) If any person is found to be violating any provision of this article, the director may, at his discretion, pursue any combination of the following remedies:

    (1)    Injunctive or other appropriate relief in circuit court restraining the violation, requiring compliance with this article and recovering the city's cost in remediating any damage caused by the violation.

    (2)    Prosecution in municipal court.

    (3)    Notice of violation to the persons responsible for the violation.

    (b) Any person who commits an unlawful act under this article or who knowingly makes any false statement, representation or certification in any application, record plan or other document filed or required to be maintained or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required hereunder shall upon conviction thereof be punished in the same manner as if convicted of a class A misdemeanor under chapter 16 of this Code. Each day the unlawful act occurs or continues shall constitute a separate offense.

    (c) If any person shall fail to remedy a violation after notice of the violation from the director and any hearing required under this article, the director is authorized to do any combination of the following: revoke any discharge permit previously granted; discontinue sewer service to that person; use city or contract forces to remedy the violation and charge the costs of the remedy to the sewer utility account of that person.

    (d) A list of contributors who were in significant noncompliance with the provisions of this article during the twelve (12) previous months shall be annually published by the director in a local newspaper. The notification shall also summarize any enforcement action taken against the contributors during the same twelve (12) months. For the purposes of this provision, significant noncompliance are violations which meet one of the following criteria:

    (1)    Violation of wastewater discharge limits.

        a.    Chronic violations. Sixty-six (66) percent or more of the measurements exceed the same daily maximum limit or the same average limit in a six (6) month period.

        b.    Technical Review Criteria (TRC) violations. Thirty-three (33) percent or more of the measurements exceed the same daily maximum limit or the same average by more than the TRC in a six (6) month period.

            There are two (2) groups of TRCs:


Group I for conventional pollutants  
(BOD, TSS, fats, oil, and grease)  
TRC = 1.4  
Group II for all other pollutants  
TRC = 1.2  


        c.    Any other violation(s) of an effluent limit (average or daily maximum) that the control authority believes has caused, alone or in combination with other discharges, interference (e.g., slug loads) or pass-through, or endangered the health of the sewage treatment personnel or the public.

        d.    Any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment and has resulted in the POTW's exercise of its emergency authority to halt or prevent such a discharge.

    (2)    Violations of compliance schedule milestones, contained in a local control mechanism or enforcement order, for starting construction, completing construction, and attaining final compliance by ninety (90) days or more after the schedule date.

    (3)    Failure to provide reports for compliance schedules, self-monitoring data, or categorical standards (baseline monitoring reports, ninety-day compliance reports, and periodic reports) within thirty (30) days from the due date.

    (4)    Failure to accurately report noncompliance.

    (5)    Any other violation or group of violations which the City of Columbia determines will adversely affect the operation or implementation of the local pretreatment program.
    

(Code 1964, § 14.895; Ord. No. 10059, § 2, 2-6-84; Ord. No. 14914, § 1, 8-5-96)