(A) Notification of violation. Whenever the POTW finds that any industrial user has violated or is violating this subchapter, or a wastewater permit or order issued hereunder, the Department Head or his or her agent may serve upon said user written notice of the violation. Within ten days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Department Head. Submission of this plan in no way relieves the user of liability for any violation occurring before or after receipt of the notice of violation.
(B) Consent orders. The Department Head is hereby empowered to enter into consent orders, assurance of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include compliance schedules, stipulated fines or remedial actions, and signature of the Department Head and industry representatives. Consent orders shall be judicially enforceable and have the same force and effect as administrative orders issued pursuant to § 52.190(D) below.
(C) Show cause order. The Department Head may order any user which causes or contributes to violation of this subchapter, wastewater permit or order issued hereunder, to show cause why a 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 10 days prior to the hearing. Such 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. When the Department Head finds that an industrial user has violated or continues to violate the ordinance or a permit or order issued, he may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities are properly operated, and compliance is achieved. Orders may also contain such other requirements as might be reasonable necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices. 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 Department Head finds that an industrial user has violated or continues to violate this subchapter or any permit or order used hereunder, the Department Head may issue an order to cease and desist all illegal or authorized discharges immediately.
(1) In an emergency, the order to cease and desist may be given by telephone.
(2) In non-emergency situations, the cease and desist order may be used to suspend or permanently revoke industrial wastewater discharge permits.
(3) The cease and desist order may order the IU to take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, halting operations and terminating the discharge.
(F) Administrative fines. Notwithstanding any other section of this subchapter, any user who is found to have violated any provision of this subchapter, or permits and orders issued hereunder, shall be fined, in an amount not to exceed $2,500 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user’s next scheduled sewer service charge and the Department Head shall have such other collection remedies as he has to collect other service charges. Unpaid charges, fines, and penalties shall constitute a lien against the individual user’s property. Industrial users desiring to dispute such fines must file a request for Department Head to reconsider the fine within ten days of being notified of the fine. Where the Department Head believes a. request has merit, he or she shall convene a hearing on the matter within 15 days of receiving the request from the industrial user.
(G) Emergency suspensions.
(1) The Department Head may suspend the wastewater treatment service and/or wastewater permit of an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW, or the environment.
(2) 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 Department Head prior to the date of any show cause or termination hearing under this ordinance.
(H) Termination of permit. Significant industrial users proposing to discharge into the POTW must first obtain a wastewater discharge permit from the control authority. Any user who violates the following conditions of this subchapter or a wastewater discharge permit or order, or any applicable state or federal law, or both, is subject to permit termination:
(1) Violation of permit conditions.
(2) Failure to accurately report the wastewater.
(3) Failure to report significant changes hi operations or wastewater constituents and characteristics.
(4) Refusal of reasonable access to the user’s premises. Non compliant industrial users will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under § 52.190(C) of this subchapter why the proposed action should not be taken.
(Ord. 4-1999, passed 3-8-99; Am. Ord. 13-2012, passed 8-13-12; Am. Ord. 15-2016, passed 7-11-16)