MAWSS - What We Do Section

PART V — ENFORCEMENT ACTIONS

Actions available for Enforcement

Action	Application	Description	Industrial User Response	Fee
Notice of noncompliance	Non-significant instance of noncompliance	Letter advising industrial user of instance of noncompliance	None	None
Notice of violation	Significant instance of noncompliance	Letter advising industrial user of instance of noncompliance	Investigation, report, and statement of corrective action	$100 - $10,000 per occurrence, to be assessed if industrial user fails to comply with subsequent BOARD order
Notice of Violation	Significant instances of noncompliance or any discharge which threatens POTW and /or general public	Cease and desist order requiring compliance within 90 days	Formal compliance plan and schedule, interim and final compliance progress reports	$1000 - $10,000 per occurrence, to be assessed if industrial user fails to comply with subsequent BOARD order

B. Harmful Contributions

The BOARD may suspend the wastewater treatment service and/or a Pretreatment Program Wastewater Discharge contract when such suspension is necessary, in the opinion of the BOARD, 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 the persons or the environment, causes Interference to the BOARD’s Wastewater Collection and Treatment System or causes the BOARD to violate any condition of its NPDES Permit.

Any person notified of a suspension of the wastewater treatment service and/or their Pretreatment Program Wastewater Discharge contract shall immediately stop or eliminate the contribution. In the event of the failure of the person to comply voluntarily with the suspension order, the BOARD shall take such steps as deemed necessary including immediate severance of the sewage connection, to prevent or minimize damage to the BOARD’s wastewater collection and treatment system or endangerment to any individuals. The BOARD shall reinstate the contract and/or wastewater treatment service upon statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the BOARD within 15 days of the date of the occurrence.

C. Special Charges and Contracts

All charges for collection, receiving, transporting and treating industrial waste and industrial wastewaters will be subject to negotiation. The amount charged will include all expenses incurred by the BOARD in handling and treating such waste and will include any cost of chlorinating the same when mixed with the sanitary sewage. All of such services must be approved and the terms and conditions fixed under the provision of written contracts.

All industrial wastes or industrial wastewaters discharged into the system under agreement with the BOARD where BOD does not exceed 280 ppm, where fats do not exceed 100 ppm, and where the TSS does not exceed 250 ppm shall be handled by the BOARD for the rates adopted and published by the BOARD.

However, all industrial wastes or industrial wastewaters discharged into the system which exceed the limits above shall pay additional charges at the rate per pound as stated in the "Mobile Area Water and Sewer System Policy and Procedures Handbook." The BOARD will not consider levels of BOD and TSS in excess of the above limits as significant non-compliance.

In the event excess fats continue to be discharged after warning from the BOARD, the BOARD may elect to discontinue the service on twenty-four hours notice and such election shall not prejudice the claim of the BOARD for any sums due hereunder. Notice of such election shall be given by certified mail.

All industrial waste, before being discharged into the sewer system of the BOARD, shall be metered and no waste shall be discharged until so metered. Cost of the meter shall be borne by user. Appropriate devices or access areas shall be installed and maintained for the purpose of sampling such waste and the BOARD shall have free and continued access over the property of the user for the purpose of sampling the waste.

The BOARD may take such samples at any time or any place as determined by the BOARD.

Any industry that wishes to discharge a waste containing any one or combinations of wastes as outlined in paragraphs 1-18, Part II Section I above shall negotiate the charges with the BOARD on all other types of wastes not specifically charged by the "Pretreatment Program Rules and Regulations", and cannot discharge any waste into the system unless and until a written agreement is negotiated and entered into.

The BOARD reserves the right to enter into special contracts with industrial customers for the collection, treatment and disposal of industrial or sanitary sewage or waste and to enter into contracts for the construction and use of special treatment plants under the terms and conditions for the use thereof, and the provisions of this section may be altered, changed, amended or extended under the terms and conditions of such contracts.

D. Termination of Contract

Any User who violates the following conditions of the "Pretreatment Program Rules and Regulations", or applicable state and federal regulations, is subject to having its contract terminated in accordance with the procedures of Part V of the "Pretreatment Program Rules and Regulations".

A. Failure of a user to factually report the wastewater constituents and characteristics of his discharge B. Failure of the user to report significant changes in operations, or wastewater constituents and characteristics C. Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring D. Violation of conditions of the contract

E. Termination of Service

The BOARD may terminate water and wastewater disposal service and disconnect a pretreatment customer from the system when:

1. A government agency informs the BOARD that the effluent from the wastewater treatment plant is no longer of quality permitted for discharge to a watercourse, and it is found that the customer is delivering wastewater to the BOARD’s system that cannot be sufficiently treated or requires treatment that is not provided by the BOARD as normal domestic treatment.

2. The customer:

A. discharges industrial waste or wastewater that is in violation of the Pretreatment Program Wastewater Discharge contract with the BOARD; B. discharges water or wastes having a deleterious effect upon the BOARD’s sewer system; C. discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system; D. repeats a discharge of prohibited wastes to the BOARD’s sewer; E. fails to pay monthly bills for water and sewer service when due; F. fails to pay all Pretreatment Program charges when due.

The BOARD shall not be held responsible in any way for any damages or inconveniences experienced by the user as a result of termination of service.

F. Legal Action

If any person discharges sewage, industrial wastes or other wastes into the BOARD’s wastewater disposal system contrary to the provisions of the "Pretreatment Program Rules and Regulations" Federal or State Pretreatment Requirements, or any order of the BOARD, the BOARD’s attorney may commence an action for appropriate legal and/or equitable relief in the Circuit Court of this county, the United States District Court or other proper court. In the event that the BOARD is required to take legal action in the BOARD's behalf or to defend the BOARD, for any matter arising out of the improper discharge of wastewater into the BOARD's treatment and/or collection facility, for violation of any of these Pretreatment rules and Regulations, for breach of contract or any other matter arising under the contract between the User and the BOARD, then the User shall pay all the BOARD's attorneys' fees, expenses and costs.

PART VI — INDEMNIFICATION

In any and all instances where the BOARD has reasonable cause to believe that any of the rules, regulations, or provisions set forth in "Pretreatment Program Rules and Regulations" or that have otherwise been adopted by the BOARD have been, may be, or are being violated by any user discharging waste into the BOARD wastewater collection and treatment system, the BOARD may require such person to give bond or enter into an indemnity agreement in a form acceptable to the BOARD with sufficient surety to protect, indemnify, hold harmless and defend the BOARD from any loss, damage, or expense that may suffer or incur as a result of non-compliance or violation by such user; and , in the event of the failure to do so after ten (10) days notice by registered U. S. Mail that the same will be required, the use of the BOARD’s wastewater collection and treatment system by such user shall be denied or discontinued.

PART VII — SEVERABILITY

If any provision, paragraph, word, section or article of the "Pretreatment Program Rules and Regulations" is invalidated by any court of competent jurisdiction, the remaining provision, paragraphs, words, sections, and chapters shall not be affected and shall continue in full force and effect.

PART VIII — CONFLICT

All other resolutions and parts of other resolutions inconsistent or in conflict with any part of the "Pretreatment Program Rules and Regulations" are hereby repealed to the extent of such inconsistency or conflict.

PART IX — EFFECTIVE DATE

The "Pretreatment Program Rules and Regulations" shall be in full force and effect from and after its adoption, approval and publication, as provided by law.

PART X — SPECIAL AGREEMENTS

No statement contained in the "Pretreatment Program Rules and Regulations" shall be construed as preventing any special agreement or arrangement between the BOARD and any industrial concern by the BOARD for treatment, subject to payment therefor, by the industrial concern.