2016-015 Ordinance - Laserfiche WebLink

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(6) Failure to provide, within thirty days after the due date, required reports such as baseline monitoring reports, ninety -day compliance reports, periodic self-monitoring reports and reports on compliance with compliance schedules; (7) Failure to accurately report noncompliance; (8) Any other violation, including but not limited to a violation Best Management Practices (BMP), as set forth in O.A.C. 3745-3-03(C)(2)(h)(vii), or group of violations which the Service Director determines will or has adversely affected the operation or implementation of the City's pretreatment program. (g) Operating Upsets. Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with the Codified Ordinances shall inform the City within twenty-four hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the City within five days. The report shall specify: (1) Description of the upset, the cause thereof and the upset's impact on the discharger's compliance status; (2) Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which the compliance is reasonably expected to occur; (3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset for other conditions of noncompliance. A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the City against a discharger for any noncompliance with the chapter which arises out of violations alleged to have occurred during the period of the upset. When it can be demonstrated that circumstances exist which would create an unreasonable burden on the person to comply with the time schedule imposed by the Codified Ordinances, a written request for extension of time may be presented for consideration by the City. (h) Right of Appeal. Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the City on any matter covered by this chapter and shall be entitled to a prompt written reply. In the event that such inquiry is by a discharger and deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger's request, shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this chapter may be taken in accordance with local and State law. (i) Other Remedies. Notwithstanding any other enforcement procedure listed in the Codified Ordinances, whenever it is determined there is a substantial danger to the public health or welfare or a substantial danger to the environment or of interfering with the POTW due to the acts or omissions of any discharger, the City may, through its appropriate officials, seek a temporary restraining order, temporary or permanent injunction or abatement in the Court of Common Pleas and shall not be required under these conditions to exhaust the administrative procedures within the Codified Ordinances as a condition precedent to the commencement of such action.