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1. Notice; Corrective Actions. The Director, or such other designated officers or officials with enforcement authority as provided in Section 8-3A-10 of this chapter, are authorized to issue a notice of violation imposing an administrative penalty upon any person who fails to perform an act required by this chapter or who commits an act prohibited by this chapter. Such notice may include a corrective action order requiring the user to take one or more of the following corrective actions within 30 days:
A. Conform to Best Management Practices;
B. Submit copies of the grease interceptor or trap maintenance log;
C. Develop, submit, and implement a FOG compliance plan to be approved by the Director or designated enforcement official; or
D. Install a compliant grease interceptor or trap.
2. Administrative Penalty. The administrative penalty for such violations shall be as provided in the schedule of administrative penalties adopted by the Council by resolution.
3. Service of Violation Notice. Notice of violation, with the applicable penalty for such violation noted thereon, shall be issued to, and served upon the violator. Service of the notice may be by regular mail or by delivery in person.
4. Time Limit for Payment of Penalty. Penalties assessed pursuant to notice of violation shall be paid by the violator in full as directed in the notice within 30 days of its issuance.
5. Penalty Imposed; Records Kept. The administrative penalties set out in the schedule of administrative penalties shall be charged in lieu of the fines and penalties provided for in Section 8-3A-12 of this chapter, unless the violator refuses to correct the violation and pay the scheduled administrative penalty, or the WRA Director determines that immediate enforcement action by misdemeanor or municipal infraction prosecution is, in view of the particular circumstances of the case, necessary to achieve compliance with the requirements of this chapter. A record of all violations, administrative penalties charged, or other enforcement actions taken shall be maintained by the WRA for a period of three years.
1. Violations. Any person who fails to perform an act required by this chapter or who commits an act prohibited by this chapter shall be guilty of a misdemeanor punishable by fine or imprisonment or shall be guilty of a municipal infraction punishable by a civil penalty.
2. Noncompliance with Pretreatment Standards. Any person who fails to comply with a pretreatment standard applicable to an FSE shall be guilty of a municipal infraction punishable by a civil penalty of not more than $1,000.00 for each day the violation exists or continues, as provided by Section 364.22 or 331.307 of the Code of Iowa.
3. Remedial Actions. When enforcement is sought through a municipal infraction proceeding, the Director, or such other designated officers or officials with enforcement authority as provided in Section 8-3A-10 of this chapter, may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period specified by the order.
1. Authority to Issue Cease and Desist Order. Where a violation of this chapter has not been timely corrected, and results in or threatens interference or pass-through as herein defined, the WRA Director, or such other designated officers or officials with enforcement authority as provided in Section 8-3A-10 of this chapter, shall have the authority to issue an order in writing to the owner or operator of the FSE, ordering such person or persons to cease and desist from further operation of the FSE and from further discharge of wastewater to the sanitary sewer system. The order shall be delivered by personal service unless the owner or operator cannot be found within the City, in which event notice shall be by ordinary mail addressed to the owner’s or operator’s last known address and by posting a copy of the notice in a conspicuous place upon the premises of the FSE.
2. Discontinuance of Operation. Operation of the FSE shall cease on the date stated in the order and shall not recommence without the prior written approval of the WRA Director.
3. Request for Reconsideration and Hearing. The applicant may make a written request to the Director for a reconsideration and hearing on the cease-and-desist order within 10 days from the issuance of the order, provided, however, that operation of the FSE shall cease pending the outcome of the hearing.
4. Contents of Request for Hearing. The owner’s or operator’s request for hearing shall identify the appealing party, include the address of the person requesting the hearing and to which all further notices shall be mailed or served, and shall state the basis for the appeal.
5. Schedule of Hearing. The hearing shall be scheduled to be held as soon as practicable and no later than 14 days after the request for hearing was filed with the WRA Director. The person requesting the hearing shall be notified in writing or by telephone of the date and place of such hearing at least three days in advance thereof. At such hearing the Director and the person requesting the hearing may be represented by counsel, examine witnesses, and present evidence as necessary.
6. Final Determination; Appeal. The determination by the Director that the violation occurred shall be considered a final administrative decision, unless appealed to the WRA.
1. Filing of Appeal. Any person aggrieved by a corrective action order or a cease-and-desist order issued by the WRA Director, or by such other designated officers or officials with enforcement authority as provided in Section 8-3A-10 of this chapter, may file an appeal and request a ruling that such order be modified or rescinded.
2. Contents of Request. Such appeal request shall be in writing, shall include the grounds for appeal including any factual findings which are disputed, and shall be delivered to the WRA within 10 days after the WRA Director’s issuance of the order. Such appeal request shall be considered delivered when placed in the mail, return receipt requested, addressed to:
WRA Appeal Committee
Des Moines Metropolitan Wastewater Reclamation Authority
3000 Vandalia Road
Des Moines, Iowa 50317
3. Scheduling of Appeal; Committee Decision. The Chair of the Appeal Committee shall schedule the appeal and shall cause notice of the time, date, and place of the hearing to be mailed to the appealing party. Such appeal shall be decided by majority vote of the Appeal Committee. The Appeal Committee may affirm, modify, or rescind the order of the Director and shall so state and order in its written decision.
The WRA or the City is not precluded from seeking alternative relief from the court, including an order for abatement or injunctive relief or for recovery of investigational or remedial costs resulting from a non-complying discharge, in the event that the WRA or the City files a misdemeanor citation, notice of administrative penalty, or files a municipal infraction for the same violation of this chapter.