§ 52.113  ADMINISTRATIVE ENFORCEMENT REMEDIES.
   (A)   Notice of violation. When the coordinator finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the coordinator may serve upon that user a written notice of violation. Within 30 days of the receipt of such 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 coordinator. 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 coordinator to take any enforcement or other action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
   (B)   Consent orders. The city may enter into administrative 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 and shall be judicially enforceable.
   (C)   Show cause hearing. The Sewer Director may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Sewer Director and show cause why any 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 coordinator finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the coordinator may issue an administrative order to the user 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 and until adequate treatment facilities, devices or other related appurtenances are installed and properly operated, or the user otherwise comes into compliance. Compliance orders also may contain other requirements to address the noncompliance, including without limitation, 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. When the coordinator finds that a user has violated, or continues to violate, any provision of this chapter, 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 coordinator may issue an administrative order to the user directing it 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. 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)   Administrative civil penalties.
      (1)   When the city finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city may assess a civil penalty against such user in an amount not to exceed $1,000 per day for each violation. Each violation for each separate day shall constitute a separate and distinct offense. In the case of monthly or other long-term average discharge limits, civil penalties may be assessed for each day during the period of violation.
      (2)   The procedures for assessing and appealing such administrative civil penalties, and the relevant factors to be considered in assessing such penalties, shall be as set forth in the city’s Civil Penalty Assessment Policy attached hereto as Appendix A.
      (3)   In addition to the civil penalties provided herein, the city may recover interest, damages, reasonable attorney’s fees, expert witness fees, administrative or show cause proceedings costs and/or court costs, court reporter fees and other administrative enforcement, proceedings and/or litigation expenses against the person or user found to be in violation of this chapter.
      (4)   Assessment of an administrative civil penalty hereunder shall not be a bar against, or a prerequisite for, taking any other action against the user.
   (G)   Emergency suspensions. The coordinator may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary in the opinion of the coordinator to stop an actual or threatened discharge which presents or causes, or may present or cause, an imminent or substantial endangerment to the health or welfare of persons, which threatens or causes interference or pass through or sludge contamination with respect to the POTW, which threatens or causes the POTW to violate any term or condition of its NPDES permit, or which presents or causes, or may present or cause, an endangerment to the environment.
      (1)   Any person or 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 coordinator 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 coordinator may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the coordinator that the period of endangerment has passed, unless the termination proceedings in division (H) below are initiated against the user.
      (2)   A user that is responsible, in whole or in part, for any discharge presenting such 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 coordinator within five days thereof.
      (3)   Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
   (H)   Termination of discharge.
      (1)   In addition to the provisions in § 52.072, any user who violates the following conditions may be 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; or
         (e)   Violation of the pretreatment standards in §§ 52.035 through 52.045.
      (2)   Such user will be notified of the 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 coordinator shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 1433, passed 7-1-2002)