§ 2:278. Enforcement.

(a)

Administrative enforcement.

(1)

Notification of violation. When the city-parish finds that a user has violated, or continues to violate, any provision of this part, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city-parish may serve upon that user a written notice of violation. Within the days specified of receipt of this notice, the user shall correct the violation or provide an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the authority. 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 city-parish to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(2)

Consent orders. The city-parish may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders and shall be judicially enforceable.

(3)

Show cause hearing. The city-parish shall allow a user which has violated, or continues to violate, any provision of this part, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the opportunity to meet with the authority upon request of the user.

(4)

Compliance orders. When the city-parish finds that a user has violated, or continues to violate, any provision of this part, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city-parish may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, occupational license may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize that amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(5)

Cease and desist orders. When the authority finds that a user has violated, or continues to violate, any provision of this part, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the authority may issue an order directing it to cease and desist all such violations and directing the user to:

a.

Immediately comply with all requirements; and

b.

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(6)

Civil fines.

a.

When the city-parish finds that a user has violated, or continues to violate, any provision of this part, a wastewater discharge permit or order issued hereunder, or any other pretreatment or requirement, the authority shall fine such user according to the schedule of civil fines detailed in this part, as shown in the C-P enforcement response plan.

b.

Unpaid charges, fines, and penalties shall, after thirty (30) calendar days be assessed an additional penalty of one (1) percent of the unpaid balance, and interest shall accrue thereafter at a rate of twelve (12) percent per year. A lien against the user's property will be sought for unpaid charges, fines, and penalties.

c.

The authority may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine. In addition to fines, the user may be required to reimburse the city-parish for other expenses associated with enforcement activities, including sampling and monitoring activities, and the cost of any actual damages incurred by the city-parish.

d.

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(7)

Emergency suspensions. The authority may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons, or may present endangerment to the operation of the POTW or may present an endangerment to the environment. Written notice shall follow within seven (7) days.

a.

The authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the authority that the period of endangerment has passed, unless the termination proceedings in this part are initiated against the user.

b.

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the authority.

(8)

Termination of discharge. In addition to the above provisions of this part, any user who violates the following conditions is subject to discharge termination:

a.

Violation of wastewater discharge permit conditions;

b.

Failure to accurately report the wastewater constituents and characteristics of its discharge;

c.

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

d.

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

e.

Violation of any pretreatment standards of this part.

(9)

Appeals of administrative enforcement actions. Users desiring to dispute any enforcement actions must file a written appeal to the director of environmental services. A timely and properly filed appeal shall suspend the effect of the action appealed until the director of environmental services has ruled on the appeal, except for actions taken in order to stop an actual or threatened discharge determined by the director of the department of environmental services to present or cause imminent or substantial endangerment to the health or welfare of persons, the operation of the POTW, or the environment.

(b)

Judicial enforcement remedies.

(1)

Injunctive relief. Whenever a user has violated, or continues to violate, any provision of this part, wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the authority may petition the Nineteenth Judicial District Court through the city-parish attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this part on activities of the user. The authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation.

(2)

Civil penalties.

a.

Whenever a user has violated, or continues to violate, any provision of this part, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the city-parish according to the schedule of civil fines detailed in this part, as shown in the C-P enforcement response plan.

b.

The authority shall recover attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city-parish.

c.

In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.

d.

Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user.

(3)

Criminal prosecution.

a.

Whenever a user willfully or negligently violates any provision of this part, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of one thousand dollars ($1,000.00) per violation, per day, or imprisonment for not more than five (5) years, or both.

b.

Whenever a user willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of one thousand dollars ($1,000.00), or be subject to imprisonment for not more than five (5) years, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.

c.

Whenever a user knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this part, wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this part shall, upon conviction, be punished by a fine of one thousand dollars ($1,000.00) per violation, per day, or imprisonment for not more than five (5) years, or both.

d.

In the event of a second conviction, a user shall be punished by a fine of one thousand dollars ($1,000.00) per violation, per day, or imprisonment for not more than five (5) years, or both.

(4)

Remedies nonexclusive. The remedies provided for in this part are not exclusive. The authority shall take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will be in accordance with the city-parish's enforcement response plan. However, the authority may take other action against any user when the circumstances warrant. Further, the authority is empowered to take more than one (1) enforcement action against any noncompliant user.

(c)

Supplemental enforcement action.

(1)

Financial assurance. The authority may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this part, 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.

(2)

Occupational license revocation. Whenever a user has violated or continues to violate any provision of this part, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the user's occupational license may be revoked. The license will be re-instated, at the user's expense, after it has satisfactorily demonstrated its ability to comply.

(3)

Public health nuisances. A violation of any provision of this part, 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 authority. Any person(s) creating a public nuisance shall be subject to the provisions of this part governing such nuisances, including reimbursing the city-parish for any costs incurred in removing, abating, or remedying the nuisance.

(4)

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 city-parish. Existing contracts for the sale of goods or services to the city-parish held by a user found to be in significant noncompliance with pretreatment standards or requirements shall be terminated.

(Ord. No. 16120, § 1, 11-24-15; Ord. No. 16381, § 1, 11-9-16)