The following orders may be issued by the Director upon the discovery of a violation(s) of City, State and/or Federal environmental law:
(a) Notice of Violation. The service of Notice of Violation under this Chapter shall be as follows whenever the Chief, Industrial Pretreatment finds that any industrial user has violated or is violating this chapter, or wastewater permit or order issued hereunder, the Director or his agent may serve upon said user written notice of the violation. Within ten (10) days of the receipt date of the notice, 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 Chief, I.P.P. 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.
The notice shall be personally served or sent by registered mail to the property owner by the Chief, I.P.P., or authorized representative. When, after reasonable search, the property owner cannot be found or reached for service of the notice, then the notice may be published once a week for two (2) consecutive weeks in a newspaper of general circulation within the City and the time stipulated in the notice for compliance shall date from the last publication thereof.
(b) Consent Orders. The Director is hereby empowered to enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific actions to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent Orders shall have the same force and effect as administrative orders issued pursuant to section below.
(c) Show Cause Hearing. The Director may serve any user with a written notice specifying the time and place of hearing to be held by the Director or his designated representative, regarding violation of Section 921.86
. The notice shall include the reasons why an enforcement action is to be taken and shall direct the user to show cause why the proposed enforcement action should not be taken. The notice of hearing shall be served not less than fifteen (15) days prior to the hearing and may be served on any agent, officer or authorized representative of the user.
(d) Compliance Order. When the Director finds that an industrial user has violated or continues to violate the chapter or a permit or order issued thereunder, he may issue an order to the Industrial User responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices.
(e) Cease and Desist Orders. When the Director finds that an industrial user has violated or continues to violate this chapter or any permit or order issued hereunder, the Director may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
(1) Comply forthwith.
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.