§ 110-163. Supplemental enforcement action.

(a)

Penalties for late report. A penalty of $500.00 may be assessed to any user for each day that a report required by this division, a permit or order issued hereunder is late; beginning five days after the date the report is due. Higher penalties may also be assessed where reports are more than 30 days late. Actions taken by the administrator to collect late reporting penalties shall not limit the administrator's authority to initiate other enforcement actions that may include penalties for late reporting violations.

(b)

Performance bonds. The administrator may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this division, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the county, is as [in] a sum not to exceed a value determined by the administrator to be necessary to achieve consistent compliance.

(c)

Liability insurance. The administrator may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this division, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

(d)

Payment of outstanding fees and penalties. The administrator may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this division, a previous individual wastewater discharge permit, or order issued hereunder.

(e)

Water supply severance. Whenever a user has violated or continues to violate any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water 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.

(f)

Public nuisances. A violation of any provision of this division, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the administrator. Any person(s) creating a public nuisance shall be subject to the provisions of chapter 42 of the Code governing such nuisances, including reimbursing the county for any costs incurred in removing, abating, or remedying such nuisance.

(g)

Contractor listing. 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 a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the administrator.

(Ord. No. 98-17, § 13, 8-4-98; Ord. No. 11-21, § 2, 12-6-11)