§ 27-151. Enforcement.

(a)

Public participation requirements of 40 CFR Part 25 in CFR in the enforcement of pretreatment standards. In accordance with 40 CFR 403.8(f)(2)(viii), the parish must publish, at least annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW a list of industrial users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards or other pretreatment requirements. For the purposes of this provision, a significant industrial user (or any industrial user that violates LAC 33:IX.6115.F.2.h.iii, iv, or v) is in "significant noncompliance" if its violation meets one (1) or more of the following criteria: (i) Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all of the measurements taken for the same pollutant parameter during a six-month period exceed (by any magnitude) a numeric pretreatment standard or requirement, including instantaneous limits, as defined by 40 CFR 403.3(1); (ii) technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all of the measurements taken for the same pollutant parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH); (iii) any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(1) (daily maximum, long term-average, instantaneous limit, or narrative standard) that the control authority 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); (iv) any discharge of a pollutant that has caused imminent endangerment to human health or welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under LAC 33:IX.6115. F.1.g.ii. to halt or prevent such a discharge; (v) failure to meet within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance; (vi) failure to provide, within forty-five (45) 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; (vii) failure to accurately report noncompliance; and (viii) any other violation or group of violations, which may include a violation of best management practices, that the control authority determines will adversely affect the operation or implementation of the pretreatment program of Jefferson Parish.

(b)

Compliance order.

(1)

Whenever, on the basis of any information available to him, the director finds that any person is or is about to be in violation of this division, or of any condition of a permit issued under this division, he may issue a compliance order in accordance with this subsection, or he may bring a civil action in accordance with subsection (c). He may also issue notice of termination of service in accordance with subsection (d) of this section.

(2)

Any compliance order issued under this subsection shall be sent by certified mail, addressed to the principal place of business in Jefferson Parish, state with reasonable specificity the nature of the violation, and specify a time for compliance, which the director determines is reasonable taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. The order shall also provide an opportunity for the person to whom it is directed to confer with the director concerning the alleged violation.

(c)

Civil action. The director and/or parish attorney is authorized to commence a civil action for appropriate relief, including a permanent or temporary injunction, for any violation for which the director is authorized to issue a compliance order under subsection (a) of this section.

(d)

Termination of service. The director may take action to terminate service to any person for any violation for which he is authorized to issue a compliance order under subsection (a) of this section. The procedure for termination of service shall be as follows:

(1)

Revocation of permit and termination of service. Prior to the suspension or revocation of a permit and the termination of public works services, the director shall notify the holder of the permit in writing. Said notice shall advise that the parish will consider the suspension or revocation of the permit, termination of service or disconnection. Said notice shall state the date of proposed suspension or revocation, termination of service and proposed disconnection of service, the reason therefore, and the time, date and place that the director shall hold a hearing upon the proposed suspension or revocation, termination or disconnection. Such hearing shall not be less than ten (10) days subsequent to the receipt of notice. Said notice shall be mailed to the owner at the address shown on the permit application or as known to the department. A copy may be delivered to the permit holder or the person in charge of the facility or posted conspicuously on the property affected. The parish may (but shall not be required to) give such further additional notice as in the discretion of the director or parish attorney is convenient or desirable. Upon conclusion of the hearing, the director shall determine whether grounds exist for suspension or revocation, for termination and/or for disconnection of service. If such grounds are found to exist, the permit shall forthwith be suspended or revoked and service shall forthwith be terminated and sanitary and waste disposal and water facilities forthwith disconnected. A copy of said decision shall be sent by certified mail to the owner at the address shown on the permit or as known to the director, and a copy shall be delivered to the facility or posted conspicuously on the property. The service of said copy of the decision shall not be a condition precedent or subsequent to suspension or revocation, termination or disconnection.

(e)

Restoration of service. Any person whose permit has been suspended or revoked, or for whom service has been terminated or disconnected, may petition the director for reinstatement of the permit and reinstatement of service.

(1)

Such petition shall be verified under the oath or declaration under penalty of perjury of the person petitioning. The petition shall contain a detailed statement of the corrective action taken by the petitioner or others to remove the grounds for suspension or revocation, termination or disconnection, and of the corrective measures to prevent a repetition of the violation. The petition shall contain the name and address of the petitioner for purposes of receiving notice.

(2)

Said petition shall be filed with the director. Said petition shall be heard within thirty-five (35) days of the date of receipt by the director. A written notice of time, date and place of hearing shall be given to the petitioner at least ten (10) days before the hearing in writing by certified mail to the petitioner at the address shown on the petition. The petitioner may waive the notice in writing. At the hearing, the director shall consider evidence presented by the petitioner in support of his petition and evidence in opposition. The director may restore the permit, service and connection if he finds that the grounds for suspension, revocation, termination and disconnection have been corrected, and that there is adequate assurance of corrective measures to prevent a repetition of the offense for which the permit was suspended or revoked and service terminated or disconnected, or for any other reason deemed appropriate.

(3)

The director may, as a condition to the restoration of the permit, service and connection:

a.

Require the petitioner to provide reasonable safeguards and security to avoid a repetition of the offense for which the permit was suspended, revoked and service terminated and disconnected;

b.

Impose reasonable charges to compensate the parish for expenses incurred in connection with the suspension or revocation, termination or disconnection and in connection with the reinstatement of the permit and the restoration of service;

c.

Make such other reasonable conditions as are necessary to protect public health, safety and property, and to prevent a nuisance;

d.

Take such other action as may be necessary and proper.

(f)

Violations.

(1)

Any person who willfully or negligently violates this division or any condition of a permit issued under this division shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than thirty (30) days, or both. Each day on which the violation occurs shall be considered a separate offense.

(2)

Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained under this division or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under this division shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than thirty (30) days or both.

(3)

Any person who violates any compliance order issued by the director under subsection (a) shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than thirty (30) days or both.

(4)

These penalties are in addition to the other penalties provided by this division, and such remedies do not exclude or supersede the penalties provided by state and federal law.

(Ord. No. 18587, § 10, 9-2-92; Ord. No. 24196, § 8, 1-25-11)