ORDINANCE NO. 1208
AN ORDINANCE CREATING AND ENACTING SECTIONS 13.16.140., 13.16.150. AND 13.16.160. OF THE TORRINGTON MUNICIPAL CODE, 2019 REVISIONS, RELATING TO BEST MANAGEMENT PRACTICES (BMPs), COST RECOVERY, AND ENFORCEMENT, VIOLATIONS AND PENALTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TORRINGTON, WYOMING:
Section 1: That Sections 13.16.140., 13.16.150. and 13.16.160. of the Revised Ordinances of the City of Torrington, Wyoming, 2019 Revisions, be and are hereby created and enacted to read as follows:
13.16.140. - Best Management Practices (BMPs).
A. The City has the responsibility to protect the POTW from any discharge of a pollutant that has caused or will cause imminent endangerment to human health, welfare or to the environment and any pollutants which would inhibit, interfere, or otherwise be incompatible with operation of the treatment works including interference with the use or disposal of municipal sludge. The City shall have the authority to make and promulgate rules and regulations as the City finds necessary for the administration and enforcement of this chapter in addition to and in conjunction with, the provisions of this chapter.
B. The City may develop BMPs and may require any user/discharger to implement BMPs. BMPs shall be considered pretreatment standards and local limits for purposes of this chapter and Section 307(d) of the Clean Water Act. Additionally, BMPs may be categorical pretreatment standards established by the EPA, WDEQ and City.
C. The City may develop and implement BMPs or require any user to implement BMPs that are applicable to categories of any type user/discharger, categories of activities, and/or geographic areas.
D. Elements of a BMP may include, but are not limited to:
1. Installation of treatment/pretreatment.
2. Requirements for and/or prohibitions on certain practices and/or discharges.
3. Requirements for the operation, cleaning and maintenance of treatment equipment.
4. Time frames associated with key activities.
5. Procedures for compliance certification, reporting, and records retention.
6. Provisions for reopening and revoking BMPs.
7. Flow discharge limitations.
8. Issuance of permits and permit fees.
9. On-site inspections.
10. Sampling and testing requirements.
11. Local limit requirements for any pollutant. May impose stricter local limit pollutant requirements for any user.
E. Any user may be required to comply with BMPs. BMPs may be incorporated in categorical pretreatment standards, control mechanisms, or orders.
F. The Manager may develop and administer BMP’s.
13.16.150. - Cost Recovery.
A. Any user that violates any of the provisions of this chapter or that discharges or causes a discharge producing a deposit or obstruction or causes damage to or impairs the POTW shall be liable to the city for any costs, expenses, losses, or damages caused by such violation or discharge, including, without limitation, all costs and expenses related to suspending and/or terminating service and costs of labor, materials, and specified fees.
B. The city shall charge the user for the costs incurred by the city for any monitoring surveillance, cleaning, repair, and/or replacement work caused by the violation and/or discharge and for costs incurred by the city in investigating the violation or discharge and the enforcement of this chapter, including reasonable attorneys’ fees, court costs, and other expenses of litigation including collection costs of any judgment rendered.
C. In the event that a user discharges pollutants that cause the city to violate any condition of its WYPDES permit and the city is fined by the EPA or the state for such violation, then such user shall be fully liable for the total amount of the fine and activities required to remedy the violation.
13.16.160. – Enforcement, Violations and Penalties.
A. The violation of the provisions of this chapter and/or of the rules, regulations and BMP’s of the City issued pursuant to this chapter by any person/user shall be unlawful.
B. Any person/user who violates any provision of this chapter and/or the rules, regulations and BMP’s of the City issued pursuant to this chapter or the provisions of any permit issued by the City shall also be subject to a civil penalty of not more than ten thousand dollars ($10,000.00) per day for each day during which such violation occurs.
C. Penalties shall be determined by the City after hearing as to propriety and amount thereof. The City shall consider the history of provisions violations, the appropriateness of such penalty to the size of the business of the user charged, whether the user was negligent, the effect on the user’s ability to continue in business, the gravity of the violation, and the demonstrated good faith of the user charged in attempting to achieve rapid compliance after notification of a violation.
D. Penalties shall be collected by the City by action initiated in the circuit court for collection of such penalty. A stay of any order of the City pending judicial review shall not relieve any person/user from any liability, but the reason for judicial review shall be considered in the determination of the amount of the penalty.
E. Whenever a discharge of wastewater is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the city may petition the district court for the issuance of a preliminary or permanent injunction or both, as may be appropriate in restraining the continuance of such discharge.
F. When a discharge of wastes causes an obstruction, damage or any other impairment to the city facilities, the city may assess a charge against the user for the work required to clean or repair the facility and add such charge to the user’s sewer service charge.
G. In order to enforce the provisions of this chapter, the city may correct any violation hereof. The cost of such correction may be added to any sewer service charge payable by the person/user violating the chapter or the owner of the property upon which the violation occurred.
H. The city may also petition the district court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person/user from the continued violation of this chapter.
Section 2: This ordinance shall be in full force and effect from and after its passage and approval and publication as required by law.
Passed and approved on first reading this 4th day of December, 2018.
Passed and approved on second reading this 18th day of December, 2018.
Passed and approved on third and final reading this 2nd day of January, 2019.
ATTEST: Randy L. Adams, Mayor
Lynette Strecker, City Clerk/Treasurer
This ordinance was passed and approved by the City Council of the City of Torrington on January 2, 2019. All ordinances are available for viewing Monday through Friday 8 A.M. to 4 P.M. at City Hall located at 436 E 22nd Ave., Torrington WY.
Public Notice No. 6929 published in the Torrington Telegram January 9, 2019.