(Replaced by Ordinance Nos. 186192, effective September 6, 2013.)
A. Violations. It is a violation for any person to fail to comply with the requirements of this Chapter or associated rules. Each day a violation occurs or continues may be considered a separate violation. BES will hold the person or persons solely responsible for complying with BES enforcement actions. Violations of this Chapter or associated rules include, but are not limited to:
1. Failure to obtain a permit when required for discharge, including failure to supply correct application materials;
2. Failure to comply with the conditions of a permit;
a. Exceedances of discharge limits. Each pollutant discharge that exceeds a discharge limit is considered a separate violation;
3. Discharges prohibited by PCC Section 17.34.030;
4. Failure to comply with a written directive or timeline of the Director made under authority of this Chapter;
5. Failure to comply with enforcement actions as identified in the BES Enforcement Program administrative rules (PPD item ENB-4.15); and
6. Where a discharge causes interference or pass through, the discharger may have a valid affirmative defense if it is demonstrated that:
a. The discharger did not know or have reason to know that the discharge, alone or in conjunction with a discharge or discharges from other sources, would cause pass through or interference; and
b. The discharge was in compliance with properly developed local limits prior to and during the pass through or interference; or
c. If a local limit designed to prevent pass through or interference has not been developed for the pollutants that caused the pass through or interference, the discharge:
(1) Occurred prior to and during the pass through or interference; and
(2) Did not change substantially in nature or constituents from prior discharge activity which was regularly in compliance with the requirements of this Chapter and associated rules.
B. Significant Non-compliance. Any significant industrial user or any other discharger who violates the criteria described in 3, 4, 5 or 9 of this Subsection will be considered to be in significant non-compliance with this Chapter for one or more of the following:
1. Chronic violations of wastewater discharge limits. Chronic violations occur when at least 66 percent of all of the measurements taken during a 6-month period exceed any pretreatment standard for the same pollutant parameter.
2. Technical Review Criteria (TRC) violations. TRC violations occur when at least 33 percent of all of the measurements taken for the same pollutant parameter during a 6-month period equal or exceed the product of the pretreatment standard multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease; and 1.2 for all other pollutants except pH).
3. Any other violation of any pretreatment standard that the Director determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public).
4. Any discharge of a pollutant that has caused imminent danger to human health, welfare or to the environment.
5. Any discharge that requires the Director to use emergency authority to halt or prevent discharge.
6. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in an industrial wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance.
7. Failure to provide, within 30 days after the due date, required reports such as applications, baseline monitoring reports, 90-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules.
8. Failure to accurately report noncompliance.
9. Any other violation or group of violations that the Director determines will adversely affect the operation or implementation of the local pretreatment program.
C. Enforcement Tools. BES may use any or all of the following tools to enforce this Chapter or associated administrative rules: notice of investigation, warning notice, notice of violation, compliance order, requirement to obtain a permit, notice of termination, withholding of permits, violation abatement, legal action, criminal case referral, or referral to other regulatory agencies. BES enforcement actions are described in program-specific administrative rules and the BES Enforcement Program administrative rules (PPD item ENB-4.15).
D. Civil Penalties. Dischargers violating this Chapter or associated rules may be assessed civil penalties of up to $10,000 per day per violation according to program-specific administrative rules and the BES Enforcement Program administrative rules (PPD item ENB-4.15). Failure to pay a civil penalty within 30 days following a final determination regarding the penalty is grounds for permit revocation or termination of the permittee’s discharge. Penalties and other charges will accrue interest from the date of initial City notice assessing the penalty until the penalty is paid in full.
E. Cost Recovery. The Director may recover all reasonable costs incurred by the City that are attributable to or associated with violations of this Chapter or associated administrative rules per PPD item ENB-4.15. Failure to pay costs related to a civil penalty or summary abatement within 30 days following a final determination is grounds for permit revocation or termination of the permittee’s discharge.
F. City Summary Abatement. To the extent permitted by law, the Director may recover from the person causing the violation all costs incurred by the City to summarily abate the following:
1. A violation that is not remedied through required corrective actions;
2. A situation that poses an imminent danger to human health, public safety, or the environment; or
3. Continued noncompliance with PCC or associated rules.
G. Nothing in this Chapter is intended to impose liability on the City for any injury or damage resulting from the failure of any person to comply with the provisions of this Chapter.
H. Termination or prevention of a discharge or permit revocation.
1. The Director may terminate or prevent a discharge into the City sewer system or revoke an industrial wastewater discharge permit if:
a. The discharge or threatened discharge presents or may present:
(1) A danger to human health or welfare or the environment; or
(2) Potential interference with the operation of the City sewer system;
b. The permit to discharge into the City sewer system was obtained by misrepresentation of any material fact or by lack of full disclosure;
c. The discharger violates any requirement of this Chapter or an industrial wastewater discharge permit; or
d. Such action is directed by a court of competent jurisdiction.
2. Notice of termination of discharge or permit revocation will be provided to the discharger or posted on the subject property prior to terminating the discharge or revoking a permit.
a. In situations that do not present an imminent danger to health or the environment or an imminent threat of interference with the sewer system, the notice will:
(1) Be provided in writing;
(2) Contain the reasons for the termination of the discharge or permit revocation;
(3) Contain the effective date of City action;
(4) Contain the duration of the termination;
(5) Provide contact information of a City contact;
(6) Be signed by the Director; and
(7) Will be received or refused at the business address of the discharger no less than 30 days prior to the effective date of termination.
b. In situations where there is an imminent danger to human health or welfare or the environment or an imminent threat of interference with the operation of the sewer system, the Director may immediately terminate an existing discharge, prevent a new discharge, or revoke a permit after providing informal notice to the discharger or after posting such notice on the subject property. Informal notice may be verbal or written and will include the effective date and time and a brief description of the reason. Within 3 working days following the informal notice, a written formal notice as described in Subsection 17.34.110 H.2.a. will be provided to the discharger.
3. The Director may reinstate an industrial wastewater discharge permit that has been revoked or may reinstate industrial wastewater treatment service upon clear and convincing proof by the discharger of the elimination of the noncompliant discharge or conditions creating the threat of endangerment or interference.
I. Annual Publication. A list of Significant Industrial Users that BES considers to be in significant non-compliance with this Chapter shall be published annually in the newspaper of general circulation in Portland, summarizing the enforcement actions taken against industrial users during a prior twelve month period.