(A) Administrative enforcement remedies.
(1) Notice of violation. When the Control Authority finds that a user has violated (or continues to violate) any provision of this subchapter, a discharge permit, or order issued hereunder, or any other pretreatment standard, or requirement, the Control Authority shall serve upon such user either an informal warning, or a written notice of violation. Within five business days of the receipt of the notice of violation, 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 an informal warning, or a notice of violation.
(2) Consent orders. The Control Authority may enter into consent orders, assurance of voluntary compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such documents will include specific action to be taken by the user to correct the non-compliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this subchapter, and shall be judicially enforceable.
(3) Show cause hearing. The Control Authority may order a user which has violated, or continues to violate, any provision of this subchapter a 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 five business days prior to the hearing. Such notice shall be served on a representative of the user who meets the criteria of an authorized signatory. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(4) Compliance orders. When the Control Authority finds that a user has violated, or continues to violate, any provision of this subchapter, a 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.
(a) If the user does not come into compliance within the time provided, water and sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed, and properly operated. Compliance ordinances may also contain other requirements to address the non-compliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer.
(b) A compliance order may not extend the deadline for compliance established for a national 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.
(5) Cease and desist orders.
(a) When the Control Authority finds that a user has violated (or continues to violate) any provision of this subchapter, a 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 him or her to cease, and desist, all such violations, and directing the user to:
1. Immediately comply with all requirements; and
2. 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.
(b) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(B) Administrative fines.
(1) Violation of the subchapter. When the Control Authority finds that a user has violated, or continues to violate, any provision of this subchapter, a discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Control Authority may fine such user in an amount not to exceed $1,000. Such fines shall be assessed on a per violation, per day basis. The Control Authority may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(2) Issuance of the fine. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(C) Emergency suspensions. 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 presents, or may present, an endangerment to the environment.
(1) Stopping contribution. Any user notified of a suspension of his or her discharge shall immediately stop, or eliminate, his or her contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Control Authority shall take such steps as deemed necessary, including immediate severance of the sewer connection or water service, 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 his or her 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 this subchapter are initiated against the user.
(2) Severance notice. If necessary, severance of the sewer connection, or water service, may occur without notice.
(3) Responsibility. 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 within five business days. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(D) Termination of discharge. Any user that violates the conditions in this subchapter is subject to discharge termination. Such user will be notified of the proposed termination of his or her discharge, and be offered an opportunity to show cause 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.
(Prior Code, § 10.04.18) (Ord. 2007-17, passed - -)