The city shall have the administrative authority to enforce this program. Whenever the city finds that any user has violated or is violating this program, or any prohibition, limitation or requirements contained herein, the city will initiate corrective action, which may include, but not be limited to, the following.
(A) Notice of violation. The city may issue any user a written notice stating the nature of violation. Within 15 days of the date of notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user.
(B) Consent order. The city may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the user responsible for non-compliance. The orders will include specific action to be taken by the user to correct the non-compliance with a time period specified by the order.
(C) Administrative order. When the city finds that a user has violated or continues to violate the provisions set forth in this program, or the order issued hereunder, the city may issue an order for compliance to the user responsible for the discharge. Orders may contain any requirements as might be reasonable, necessary and appropriate to address the non-compliance, including, but not limited to, the installation of pretreatment technology, additional self-monitoring and management practices.
(D) Emergency suspension of services.
(1) The city may suspend water or sewer service when the suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which:
(a) Presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment;
(b) Causes stoppages, sanitary sewer overflows or excessive maintenance to be performed to prevent stoppages in the sanitary sewer collection system;
(c) Causes interference to the POTW; or
(d) Causes the city to violate any condition of its NPDES permits.
(2) Any person notified of a suspension of the water or sewer service shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the city shall take the steps as deemed necessary, including immediate termination of water and sewer service, to prevent or minimize damage to the POTW system or sewer connection or endangerment to any individuals. The city shall reinstate the water or sewer service when the conditions causing the suspension have been eliminated and the reconnection fee paid. A detailed written statement submitted by the user describing the cause(s) of the harmful discharge and the measure(s) taken to prevent any future occurrence shall be submitted to the city with 15 days of the date of occurrence.
(E) Administrative penalty. Notwithstanding any other remedies or procedures available to the city, any user who is found to have violated any provision of this program, or any order issued hereunder, may be assessed an administrative penalty of not to exceed $1,000 per violation. Each day on which non- compliance shall occur or continue shall be deemed a separate and distinct violation. The assessment may be added to the user's next scheduled sewer service charge and the city shall have the other collection remedies as are available by law.
(F) Request for hearing and appeal. Any person affected by a penalty, order or directive of the city issued pursuant to this program may, within ten days of the issuance of the penalty, order or directive, request a hearing in writing before the city to show cause why the should be modified or made to not apply to the person. The requested hearing shall be held as soon as practical after receiving the request, at which time the person affected shall have an opportunity to be heard. At the conclusion of the hearing, the city shall issue a written response to the person requesting the hearing affirming, modifying or rescinding the penalty, order or directive at issue.