The WWTP Superintendent may, either directly or in conjunction with the local unit, issue an order to any user as determined by the Superintendent to be appropriate under the circumstances, as provided by this section. Multiple orders may be issued simultaneously or in combination as a single order with respect to a single discharger.
(A) Service. An order shall be served upon a user and shall contain the information as provided by § 53.258 of this chapter. However, orders to immediately cease and desist discharge, or to terminate sewer services, or other emergency orders where delay might endanger human health, the environment or the POTW, may be oral and may be served by telephone (to be followed within five days by written confirmation of the order by the WWTP Superintendent).
(B) Types of orders. The WWTP Superintendent may issue the following types of orders:
(1) Order to immediately cease and desist discharge. The WWTP Superintendent may issue an order to cease and desist from discharging any wastewater, incompatible pollutant, or discharge not in compliance with this chapter. The order shall have immediate effect if the actual or threatened discharge of pollutants to the system presents, or may present, imminent or substantial endangerment to the health or welfare of persons, to the environment, or causes, or may cause, interference or pass through. The WWTP Superintendent shall implement whatever action is necessary to halt the illegal discharge. The user shall be assessed for any penalties, fines, charges, surcharges, expenses, or losses incurred due to the actual or threatened discharge of pollutants as provided by this chapter.
(2) Order to cease discharge within a time certain. The WWTP Superintendent may issue an order to cease and desist from discharging any wastewater, incompatible pollutant, or discharge not in compliance with this chapter by a certain time and date. The proposed time for remedial action shall be specified in the order. In addition to other circumstances as determined appropriate by the WWTP Superintendent, the failure to pay applicable permit fees or to comply with any term of a wastewater discharge permit constitutes sufficient cause to issue an order under this section.
(3) Order to effect pretreatment. The WWTP Superintendent may issue an order to a user requiring the user to pretreat its discharge in accordance with this chapter. Any user subject to an order to pretreat shall prepare a plan to pretreat its discharge so that the discharge complies with the requirements of the order and this chapter. The plan shall be submitted to the WWTP Superintendent within a reasonable period as specified in the order. The plan shall be prepared in accordance with good engineering practice and shall state whether construction is necessary, as well as identify measures that can be completed without construction. The plan shall contain a schedule of compliance for completion of each of the various phases necessary to implement full pretreatment. The schedule of compliance must be approved by the WWTP Superintendent. The schedule of compliance shall consist of one or more remedial measures, including enforceable timetables for a sequence of actions or operations leading to compliance with an effluent standard, or other prohibition or standard. The following steps or phases shall be included in the schedule of compliance as determined necessary by the WWTP Superintendent:
(a) Retain a qualified engineer and/or consultant.
(b) Obtain any engineering or scientific investigation or surveys deemed
necessary.
(c) Prepare and submit a preliminary plan to achieve pretreatment.
(d) Prepare plans and specifications, working drawings, or other engineering or architectural documents that may be necessary to effect pretreatment.
(e) Establish a time to let any contract necessary for any construction.
(f) Establish completion times for any construction necessary.
(g) Establish a time limit to complete full pretreatment pursuant to the final order.
(h) If a phase or unit of construction or implementation may be effected independently of another phase or unit, establish separate timetables for the phases or unit.
(4) Order to perform affirmative action. The WWTP Superintendent may issue an order requiring a user to perform any action required under this chapter, including, without limitation, requiring a user to submit samples; to install sampling, metering and monitoring equipment; to submit reports; to permit access for inspection, sampling, testing, monitoring and investigations; to reduce or eliminate a discharge or pollutants in a discharge; or to pay permit fees or other applicable charges.
(5) Order to terminate sewer services. The WWTP Superintendent may issue an order to terminate the sewer services of a user, including physical blockage of the user's sewer connection, for reasons including, without limitation, the following:
(a) A discharge that violates any general or specific discharge prohibition, including any pretreatment standard or requirement, and that reasonably appears to present an imminent endangerment to human health, the environment or the POTW.
(b) Failure of a user to notify the POTW of any discharge as described in division (B)(5)(a) of which the user was aware or reasonably should have been aware.
(c) Failure of a user to sample, monitor, pretreat or report, or failure to install monitoring or pretreatment facilities, as required by an order of the WWTP Superintendent.
(d) A knowing, willful violation of any term, condition or requirement of an order or wastewater discharge permit, or any provision of this chapter.
(e) A negligent violation of any major term, condition or requirement of an order or wastewater discharge permit. For purposes of this Section, a “major” term, condition or requirement is one the violation of which is reasonably likely to endanger human health, the environment or the POTW.
(C) Immediate response to order by user may be required. Any user issued an order as provided by this section to immediately suspend its discharge to the POTW shall immediately stop or eliminate the discharge using whatever means are necessary to do so, or take any other action as required by the order. If the user fails to comply voluntarily with the order to immediately suspend its discharge, the POTW shall take any action determined necessary as authorized by this chapter, including, without limitation, immediate suspension of water service and/or severance of the sewer connection or commencement of judicial proceedings, to prevent or minimize damage to the POTW or endangerment to public health, safety or the environment. The POTW may reinstate the wastewater treatment service and terminate any judicial proceedings, as applicable, upon satisfactory proof or other demonstration by the user that the noncomplying discharge has been eliminated or will not reoccur. A detailed written statement submitted by the user describing the causes of the noncomplying discharge and the measures taken to prevent any further occurrence shall be submitted to the WWTP Superintendent within 15 days of the occurrence.
(D) Noncompliance due to factors beyond user's control. If noncompliance with an order is unintentional and temporary and due to factors beyond the reasonable control of a user, and the user can demonstrate the conditions necessary for demonstration of an upset as provided by § 53.165(A), the WWTP Superintendent may modify the order or take other actions as determined appropriate. However, a user shall not be relieved of liability for noncompliance with an order to the extent caused by operational error, improperly designed or inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
(E) Amendment, suspension and revocation of orders. An order shall be subject to amendment, suspension or revocation as determined appropriate by the WWTP Superintendent. Notice of the amendment, suspension or revocation shall be served upon the user in the same manner as notice was provided for the original order. An amendment, suspension or revocation of an order shall be subject to the same procedures for review and appeal as the original issuance of the order, as provided by this chapter.
(F) Consent orders and agreements. The WWTP Superintendent may enter into a consent order or agreement with a user to resolve disputed claims and address identified and potential deficiencies in the user's compliance status. The order or agreement shall be in the form of a written agreement with the user and may contain appropriate provisions, including, without limitation, compliance schedules and stipulated fines and remedial actions.
(G) POTW authority to require financial assurances. The POTW may require a noncompliant industrial user to post a performance bond (or other form of surety acceptable to the POTW) sufficient to cover expenses that might reasonably be incurred as a result of future violations. Industrial users that have in the prior two years been responsible for causing interference or pass through at the POTW may be required to obtain liability insurance sufficient to cover the reasonable costs of responding or restoring the POTW in the event of a second such incident. These requirements may also be made conditions of an industrial user's permit.
(Ord. 185, passed 4- -2006)