§ 52.50  ADMINISTRATIVE ENFORCEMENT ORDERS.
   (A)   Notice of violation. Whenever the city finds that any user has violated or is violating this chapter, or a wastewater discharge permit or order issued hereunder, the city may serve upon the user written notice of the violation, and within ten days of the receipt date of the notice, and explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the city. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipts of the notice of violation.
   (B)   Consent orders. The city is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the user responsible for the noncompliance. The orders will include compliance schedules, stipulated fines or remedial actions, and signatures of the city and user representatives.
   (C)   Show cause order. The city is hereby empowered to issue an order to any user which causes or contributes to violation of this chapter, wastewater permit or order issued hereunder, to show cause at a hearing before the WWTP Supervisor why a proposed enforcement action (including termination of a user’s permit or continuation of an emergency suspension of the user’s permit in accordance with § 52.51) should not be taken. The notice of the hearing shall be served personally or by registered mail (return receipt requested) at least ten days prior to the hearing. The notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified industrial user appears as noticed, enforcement action may be pursued as appropriate.
   (D)   Compliance order. The city is hereby empowered to issue compliance orders when the city finds that an industrial user has violated or continues to violate the ordinance, or permit, or order issued thereunder. The order may direct 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, and compliance is achieved. Orders may also contain other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installment of pretreatment technology, additional self-monitoring and management practices.
   (E)   Cease and desist orders.
      (1)   The city is hereby empowered to issue cease and desist orders when the city finds that an industrial user has violated or continues to violate this chapter or permit or order issued thereunder.
      (2)   The order may direct the user to cease and desist all illegal or unauthorized discharges immediately.
         (a)   In an emergency, the order to cease and desist may be given by telephone.
         (b)   In non-emergency situations, the cease and desist order may be used to suspend or permanently revoke the user’s wastewater discharge permits.
         (c)   The cease and desist order may order the industrial user to take remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(Ord. 162, passed 8-12-2002)