§ 20-5-124. ENFORCEMENT.

(a)

The Engineer has the authority to order the immediate suspension of the wastewater treatment service or an industrial wastewater discharge permit of any user when, based upon reasonable cause, such suspension is necessary, in the opinion of the Engineer, in order to stop an actual or threatened discharge or other condition or practice which presents or may present an immediate or substantial danger to the health or welfare of persons or to the environment, which causes or may cause interference to the system, or which causes or may cause the county or the city to violate any condition of its NPDES permit.

(b)

Whenever the Engineer has ordered the immediate suspension of wastewater treatment service or the suspension of the industrial wastewater discharge permit of any user under subsection (a) of this section, the County Attorney shall file, in the name of the county and within ten (10) days after such order, an appropriate action in any court having jurisdiction to restrain or enjoin the actual or threatened discharge or practice.

(c)

The court may enjoin or restrain any actual or threatened discharge, condition, or practice which could reasonably be expected to cause an immediate or substantial danger to the health or safety of any person, including but not limited to any employee of the user or of the system, or to the environment or which causes or could reasonably be expected to cause interference to the system or which causes or could reasonably be expected to cause the county or the city to violate any conditions of its NPDES permit.

(d)

In addition to the remedies provided in subsections (a), (b), and (c) of this section, the Engineer may issue citations, assess civil penalties, and seek prosecution for such conditions, practices, and discharges.

(1988 Code, § 35-309) (Bill No. 30-03, § 1, 7-1-2004)