§ 134-405. Violation and penalties.

(a)

Violations, Notice of Violation, Consent Orders, Show Cause Hearing.

1.

When the District finds that a user has violated, or continues to violate, any provision of this Ordinance, or order hereunder, or any pretreatment standard or other requirement ("Noncompliance"), the District may serve upon that User a written Notice of Violation in person, or by facsimile, by certified mail or by any lawful means of service. Within ten (10) work days of receipt of this notice, the User shall deliver to the District a written detailed plan for satisfactory correction of all noticed violations and for prevention of further recurrences thereof. Submission of this plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the District to take action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.

2.

The District may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any User responsible for noncompliance. Such documents must include specific action to be taken by the User to correct the noncompliance within a time period specified by the document. Such documents shall be judicially enforceable.

3.

The District may order a User who has received a notice of violation to appear before the District and show cause why the proposed enforcement action should not be taken. Notice shall be served on the User specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least twenty (20) work days prior to the hearing. Such notice may be served on any authorized representative of the User. A show cause hearing shall not be a bar against, or prerequisite to, taking any other action against the User.

4.

Should any violation of any condition of this Ordinance occur, User will be subject to the penalties described in subsection (b) of this Section.

5.

Upset.

(a)

An upset does not constitute noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

(b)

An upset shall provide an affirmative defense to noncompliance provided that proper notification and documentation are demonstrated. User must demonstrate that the facility was being properly maintained and operated at the time of upset.

(c)

A user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

i.

An upset occurred and the user can identify the cause(s) of the upset;

ii.

The facility was at the time being operated in a prudent and workman-like manner and in compliance with applicable operation and maintenance procedures; and

iii.

The user has submitted the following information to the District within twenty-four (24) hours of becoming aware of the upset.

a.

A description of the indirect discharge and cause of noncompliance;

b.

The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and

c.

Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

6.

Bypass.

(a)

Bypass not violating applicable pretreatment standards or requirements. An industrial user may allow any bypass to occur which does not cause pretreatment standards or requirements to be violated, but only if it is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of subsections (b) and (c) below.

(b)

Bypass notifications.

i.

If an industrial user knows in advance of the need for a bypass, it shall submit a notice to the District at least ten days before the date of the bypass. If the industrial user does not know of the need for a bypass ten days prior to the bypass then the industrial user shall notify the District immediately upon knowledge of the need for the bypass.

ii.

An industrial user shall submit oral notice of an unanticipated bypass that exceeds applicable pretreatment standards to the District within 24 hours from the time the industrial user becomes aware of the bypass. A written submission shall also be provided within 5 days of the time the industrial user becomes aware of the bypass. The written submission shall contain:

a.

A description of the bypass and its cause;

b.

The duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and

c.

Steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass.

(c)

Prohibition of bypass.

i.

Bypass is prohibited, and the District shall take enforcement action against an industrial user for a bypass, unless:

a.

Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

b.

There were no technically feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and

c.

The industrial user submitted notices as required under subsection (b) above.

ii.

The District shall approve an anticipated bypass, after considering its adverse effects, if the District determines that it will meet the three conditions listed in subsection (c)i above.

(b)

Penalties.

1.

When the District determines that a User(s) is contributing to the POTW, any of the prohibited discharges in such amount(s), which do (or which threaten to) interfere with the operation of the POTW, or may present an endangerment to the environment, the District has authority to immediately halt or immediately prevent any such discharge(s) to the POTW. The District shall provide the User notice of this action in accordance with Subsection 134-405(g) of this Ordinance.

2.

Subsequent to such notice, the District may allow the User up to thirty (30) days to deliver a response, which response must include the cause of the discharge and all corrective measures taken or to be taken. Wastewater service shall not be resumed until all such corrective measure(s) as needed have been undertaken to eliminate all threats of interference and/or endangerment to the environment.

3.

Following this specified response period in the specific instance, the District, as it determines necessary, shall begin development of effluent limitation(s) and a compliance schedule for such User to correct all interference(s) with the POTW.

4.

Any person who fails or refuses to obey or comply with or violates any provision of this Ordinance may be prosecuted in the same manner as misdemeanors are prosecuted. Such person upon conviction of such offense shall be punished by a fine (as specified herein) for each violation, or by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the Court. Pursuant to the authority of Rule 62-625.500(2)(a)5.a., F.A.C., the fine shall be in at least the amount of one thousand dollars ($1,000.00) per day per violation for a first violation, five thousand dollars ($5,000.00) per day for a repeat violation. In determining the amount of the fine, if any, the trier of fact may consider the gravity of the violation, any actions taken by the violator to correct the violation, and any previous violations committed by that violator. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance may be considered as a separate offense. All expenses incurred by the County in regulating the incident, will be paid by the offending User(s).

5.

Nothing herein contained shall prevent or restrict the County or District from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.

6.

Further, nothing in this Ordinance shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board Special Magistrate established pursuant to the authority of F.S. ch. 162. Furthermore, enforcement in Court shall not prevent referral of the violation to any Code Enforcement Board. In addition, if the violator is within the jurisdiction of the Collier County Water/Wastewater Authority, the matter may also be referred for enforcement to that Authority. If the violator is a tenant, licensee or use permittee of the Collier County Airport Authority, such violation shall also be a violation of the respective lease, license or use agreement.

7.

All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and District, and the County and District shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law.

8.

All aspects of Sections 1—6 of the Collier County Code of Laws and Ordinance also apply to this Ordinance.

9.

The District shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements.

(c)

Authority to Disconnect Service. The District may terminate water and wastewater disposal services and disconnect a User from the system when:

1.

Acid(s) or chemical(s) damaging to the sewer lines or the treatment process are released into the sewer causing rapid or greater than normal deterioration of these structures, or interfering with proper conveyance and/or treatment of wastewater; or

2.

A governmental agency informs the District that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge into a percolation pond, reclaimed water system or groundwater well, or it is found that the User is delivering wastewater to the District's system that cannot be sufficiently treated or requires treatment that is not provided by the District as normal domestic treatment; or

3.

The User discharges industrial waste or wastewater that is in violation of the permit issued by the District; or

4.

The User discharges wastewater at an uncontrollable, variable rate, in sufficient quantity to cause an imbalance in the wastewater treatment systems; or

5.

The User fails to pay a monthly bill for water or sanitary sewer services when due; or

6.

The User repeats a discharge of prohibited waste(s) into public sewer.

(d)

Reasonable Service Conditions.

1.

The District reserves the right to refuse to provide, or to cease providing, water and/or wastewater services to any connector for any good reason(s) which shall include, but not be limited to, use of water or contribution of wastewater in such manner or form as to be injurious or detrimental to the general welfare of the system, its customers, or the community. The District may require that pretreatment flow regulations or other remedial, preventive, or corrective facilities be installed (at no expense to the County) when the situation warrants provision and use of such facilities.

2.

The District is authorized to immediately halt and/or immediately eliminate upon notice to the User in accord with Subsection 134-405(e) of this Ordinance, any actual or threatened discharge of pollutants to the POTW, which does present (or may present) an imminent or substantial endangerment to the health or welfare of any person or any animal.

(e)

Suspension of Services.

1.

The District may suspend the wastewater treatment service and/or effluent permit when such suspension is deemed to be necessary, in the opinion of the District, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the District to violate any condition of its FDEP Permit.

2.

Any person notified of a suspension of the wastewater treatment service and/or the effluent permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the District shall take such steps as by the District are deemed to be necessary, including initiation of legal action by the County Attorney and immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. Absent other compelling reason(s) not to do so, the District shall reinstate the effluent permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the User describing the cause(s) of the harmful contribution and the measures taken to prevent future occurrence shall be submitted to the District within fifteen (15) calendar days of the date of occurrence.

(f)

Revocation of Permit.

1.

Any User who violates any of the conditions of this Ordinance or applicable State and Federal regulations, is subject to having its permit revoked in accordance with Subsection 134-405(g) of this Ordinance.

2.

The Director may revoke an individual wastewater discharge permit for good cause, including, but not limited to, the following reasons:

(a)

Failure to notify the District of significant changes to the wastewater prior to the changed discharge;

(b)

Failure to provide prior notification to the District of changed conditions pursuant to Subsection 134-403(h) of this Ordinance;

(c)

Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;

(d)

Falsifying self-monitoring reports and certification statements;

(e)

Tampering with monitoring equipment;

(f)

Refusing to allow the District timely access to the facility premises and records;

(g)

Failure to meet effluent limitations;

(h)

Failure to pay fines;

(i)

Failure to pay sewer charges or appropriate excess strength fees;

(j)

Failure to meet compliance schedules;

(k)

Failure to complete a wastewater survey or the wastewater discharge permit application;

(l)

Failure to provide advance notice of the transfer of business ownership of a permitted facility; or

(m)

Violation of any Pretreatment Standard or Requirement, or any terms of the wastewater discharge permit or this Ordinance.

(g)

Notice of Disconnection, Suspension, Revocation. The District shall attempt to notify User in writing prior to disconnecting, suspending or revoking User's service or permit. Said notice should inform User of the sections of this Ordinance being violated, state what corrective action must be taken, and state the time period necessary for said corrective action. Failure to comply with the notice may result in disconnection, suspending or revoking User's service or permit. However, in emergency situations the District may disconnect, suspend or revoke User's service or permit prior to notification. User will, whenever possible, be notified as soon as is reasonably possible after said action is taken.

(Ord. No. 2012-13, § 5)