The city may enforce the requirements of this chapter and industrial user permits by utilizing the following enforcement mechanisms or by seeking court action.
(A) Verbal warnings. This level of enforcement may be issued by the Manager, Supervisor or a Source Control Inspector who may observe or learn of a violation of this chapter which may be easily resolved by changing housekeeping practices or altering a discharge practice. This verbal warning is documented in an inspection report and by a written follow-up letter. The letter describes the violation encountered and requests that the industrial user correct the problem.
(B) Written warnings. This level of enforcement may be issued by the Manager, Supervisor or a Source Control Inspector if an industrial user fails to achieve compliance after a verbal warning and a written warning is issued with a date for achieving compliance. This notification reiterates the violations and the need for corrective actions. The compliance date issued notifies the industrial user that compliance must be met by a set date. The time frame for compliance may range from 14 to 30 days. Follow-up inspections are used to verify compliance.
(C) A notice of noncompliance. A notice of noncompliance may be issued whenever an industrial user violates this chapter and the violation does not in imminently endanger human health or welfare. The notice of noncompliance shall be served in person by an employee of the city, but preferably by a Source Control Inspector, or by certified or registered mail, return receipt requested. This is the first level of enforcement used for discharge violations. This level may be used to escalate enforcement actions against industrial users who have failed to comply with a written warning to correct deficiencies and/or violations of this chapter. Within ten working days from the date of receipt of the notice of noncompliance, an industrial user must provide, in writing, an explanation of the violation noted in the notice and a plan for the satisfactory correction of the violation. The written response shall include specific actions which the industrial user plans to take. Submission of such a plan in no way relieves the industrial user of liability for any violations occurring before or after receipt of the notice of noncompliance. This action shall not limit the Director’s authority to take or initiate any action, including emergency actions or any other enforcement action.
(1) The first notice of noncompliance may have, at a minimum, a $100 penalty assessment.
(2) A second notice of noncompliance for the same violation(s) may have, at a minimum, a $200 penalty assessment.
(3) A third notice of noncompliance for the same violation(s) may have, at a minimum, a $500 penalty assessment.
(D) Stop work order. A stop work order may be issued to prevent new construction, tenant improvements, alterations or additions when no city permits have been obtained, work has begun without written approval by the Director, or violations of this chapter have been found at a construction/improvement site. The Manager, Supervisor or a Source Control Inspector is responsible for issuing a stop work order. The corrective action required by a stop work order is for the person receiving such order to cease all activities which may lead to illegal discharges until necessary permits or approvals have been obtained. The minimum penalty fee for a stop work order is $500.
(E) Consent order. A consent order may be issued after an industrial user receives a notice of noncompliance and fails to achieve compliance. The consent order involves an Enforcement Compliance Schedule Agreement (ECSA) developed between the industrial user and the city. The Manager, Supervisor and the Source Control Inspector assigned to the industrial user, and a representative from the City Attorney's office may develop the ECSA. The Director will be consulted regarding the final version of all consent orders. The purpose of the consent order (ECSA) is to allow the industrial user who has demonstrated a willingness to correct violations a voice in the development of their ECSA. No element of an ECSA shall exceed six calendar months in duration. All ECSAs will be reviewed by the City Attorney's office. At a minimum, an ECSA shall set forth that:
(1) A consultant or person with the necessary expertise is to be hired to identify the problems causing the user to violate the wastewater pretreatment regulations. The user will be required to submit the initial and all subsequent reports to the city for review and approval;
(2) All pretreatment systems, equipment specifications and facilities be corrected to prevent violations;
(3) The ECSA is to be reviewed by the Regulatory Compliance Division staff and other relevant city departments prior to finalizing;
(4) If necessary, hire contractors to assist the user in coming into compliance;
(5) Industrial users obtain all necessary permits to operate;
(6) All necessary material and equipment is to be ordered and construction should begin on improvements needed to obtain compliance;
(7) Construction must be completed by a set date;
(8) Employees of the user are sufficiently trained;
(9) A two week or ten consecutive working days sample evaluation is to be conducted by the city;
(10) The user must achieve compliance within a certain time frame.
(11) Progress reports are required throughout the term of the ECSA. The minimum reporting frequency is 30 calendar days. The minimum penalty for a consent order is $500.
(F) Compliance order. A compliance order may be issued by the Manager after an industrial user has failed to achieve compliance and has shown a lack of cooperation and good faith effort to comply. The compliance order involves an Enforcement Compliance Schedule (ECS) developed by the city, with no input from the industrial user. The City Attorney participates in developing the ECS. The Director is consulted for the preparation of all compliance orders. The purpose of the compliance order (ECS) is to compel an uncooperative industrial user to achieve compliance. No element of the ECS shall exceed six months in duration. A compliance order (ECS) shall contain the same elements as a consent order. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the industrial user. The minimum penalty fee for a compliance order is $1,000.
(G) Show cause hearing. The Director may order an industrial user which has violated or continues to violate this chapter to appear before the Director and show cause why the city should not take certain proposed enforcement action against the industrial user. Notice shall be served on the industrial user, specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the industrial 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. A show cause hearing may be used after the cease and desist order, ECSA or ECS have failed to achieve compliance, but is not limited to use under these circumstances. The Manager is responsible for issuing all notices for show cause hearings. Before the issuance of a notice for a show cause hearing, the Manager and the Director shall meet with a representative from the City Attorney's office to discuss the case. Testimony obtained at a show cause hearing shall be under oath and transcribed. The findings of the show cause hearing and the final decision shall be issued by the City Attorney. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against an industrial user. The minimum penalty fee for a show cause hearing is $1,500.
(H) Cease and desist order.
(1) A cease and desist order may be issued to gain immediate compliance from an industrial user in cases of severe violations, or in cases where a violation poses a threat to the city's POTW, city personnel or the public. The Manager or the Director may issue a cease and desist order if they find that an industrial user has violated, or continues to violate, any provision of this chapter. The cease and desist order may direct the industrial 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 industrial user. The penalty for the issuance of a cease and desist order is $1,000.
(I) Probation. The Director may place an industrial user which has violated this chapter on administrative probation in accordance with the city's enforcement response plan, at the Director’s sole discretion, if the Director determines that the industrial user has now complied or is complying with an administrative order. The probation will terminate if the Director determines that future violations are unlikely to occur or no later than one year after initial compliance is achieved.
(`78 Code, § 13.08.420.) (Ord. 3346 § 3, 2022; Ord. 3111 § 3 (part), 2012; Ord. 2932 § 1, 2008; Ord. 2330 § 1 (part), 1997; Ord. 2195 § 1 (part), 1994.)