97.16   CEASE AND DESIST ORDERS.
1.   When the Community Service Director or his authorized representative finds that a user is in significant non-compliance and has violated, or continues to violate, any provision of this chapter, 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 Community Service Director or his authorized representative may issue an order to the user 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 preventative actions as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
2.   The term "significant non-compliance" is defined as follows:
   A.   Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of wastewater measurements taken for each pollutant parameter during a six (6) month period equals or exceeds the product of the daily maximum limit multiplied by the applicable criteria (1.4 for BOD, TSS, oil and grease, and 1.2 for all other pollutants except pH);
   B.   Any other discharge violation that the City believes has caused alone or in combination with other discharges, interference or pass through (including endangering the health of City personnel or the general public);
   C.   Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the City's exercise of its emergency authority to halt or prevent such as discharge;
   D.   Failure to meet, within ninety (90) days after the scheduled date, a compliance milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
   E.   Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring report, and report on compliance with compliance schedules;
   F.   Failure to accurately report non-compliance;
   G.   Any other violation(s) which the City determines will adversely affect the operation or implementation of the local pretreatment program.