(A) Notification of violation. When the control authority finds that a user has violated or continues to violate any provision of this subchapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the control authority may serve upon that user a written notice of violation. Within 30 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the control authority. 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. Nothing in this section shall limit the authority of the control authority to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(B) Consent orders. The control authority may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to divisions (D) and (E) below.
(C) Show cause hearing. The control authority may order a user which has violated or continues to violate any provision of this subchapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement to appear before the control authority and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against or prerequisite for taking any other action against the user.
(D) Compliance orders. When the control authority finds that a user has violated or continues to violate any provision of this subchapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the control authority may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against or a prerequisite for taking any other action against the user.
(E) Cease and desist orders.
(1) When the control authority finds that a user has violated or continues to violate any provision of this subchapter, 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 control authority 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 preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(2) Issuance of a cease and desist order shall not be a bar against or a prerequisite for taking any other action against the user.
(F) Emergency suspensions.
(1) The control authority may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The control authority may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW or which represents or may present an endangerment to the environment.
(a) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the control authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The control authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the control authority that the period of endangerment has passed, unless the termination proceedings in division (G) below are initiated against the user.
(b) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the control authority prior to the date of any show cause or termination hearing under division (C) above or division (G) below.
(2) Nothing in this division (F) shall be interpreted as requiring a hearing prior to any emergency suspension under this section. Nothing in this division (F) shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(G) Termination of discharge.
(1) In addition to the provisions in § 51.030, any user who violates the following conditions is subject to discharge termination:
(a) Violation of wastewater discharge permit conditions;
(b) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
(d) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling; and
(2) Such user will be notified of proposed termination of its discharge and be offered an opportunity to show cause under division (C) above why the proposed action should not be taken. Exercise of this option by the control authority shall not be a bar to or a prerequisite for taking any other action against the user.
(Ord. 199, passed 10-13-2010) Penalty, see § 51.999