(A) A violation notice or order issued by the city shall contain the facts and grounds for its issuance and the remedial action ordered, together with the time limitation within which the action shall be taken. No violation notice or order shall be deemed insufficient, however, for inconsequential errors and omissions in the facts and grounds for the order. If any user deems the content of a violation notice or order to contain insufficient information, the user may request additional information from the city; however, no request shall extend any time limit or defer any payment, except as hereinafter set forth. In the event that a noncompliance is due to factors beyond the reasonable control of the user, as determined by the city, the noncompliance may not be considered a violation and an order may be modified to take account of these factors. Any violation notice or order shall be subject to amendment, change or revocation, provided notice of the action is served upon the user in the same manner as the original order and is subject to the same procedures for review and appeal.
(B) If the city determines that a user has violated any provisions of this chapter, any enforcement action deemed appropriate under the circumstances may be taken including but not limited to the following.
(1) General administrative remedies.
(a) The WWTP Superintendent may suspend wastewater treatment services to any user when such suspension is deemed necessary to stop an actual or threatened discharge to the POTW that presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, causes or may cause pass through or interference to the POTW, or causes or may cause the POTW to violate any condition of its NPDES permit. The WWTP Superintendent may also suspend, revoke, or terminate the wastewater contribution permit of any user that fails to accurately report the wastewater constituents and characteristics of its discharge; fails to report significant changes in wastewater constituents or characteristics; refuses reasonable access to the user’s premises by representatives of the city for the purpose of inspection or surveillance; or violates any conditions of its wastewater contribution permit, order, or agreement issued pursuant to this chapter.
(b) In addition to affirmative defenses associated with upsets and bypasses pursuant to § 51.051(D) and (E), a user shall have an affirmative defense in any action alleging that it discharged a pollutant to the POTW causing interference, pass-through, or a violation of this chapter if it can be demonstrated that both of the following occurred:
1. It did not know or have reason to know that its discharge to the POTW, alone or in conjunction with a discharge or discharges from other sources, would cause pass-through, interference, or a violation this chapter;
2. A local limit was in effect for the pollutant that caused pass-through or interference, and the user was in compliance with this local limit directly before and during the pass-through or interference; and/or
3. A local limit was not in effect for the pollutant that caused the pass-through or interference, and the user’s discharge to the POTW directly before and during the pass-through or interference did not change substantially in nature or constituents from the prior discharge activity.
(c) Users shall not have an affirmative defense for trucked or hauled pollutants; pollutants that create a fire or explosion hazard in the POTW; pollutants that cause corrosive structural damage to the POTW; or pollutants that result in toxic gases, vapors, or fumes within the POTW in a quantity that cause acute worker health or safety problems.
(2) Administrative notices and orders. Notices and orders associated with administrative enforcement actions for enforcement of pretreatment standards and requirements available to the city include the following:
(a) Notice of violation. When it is determined that a user has violated any provision of its wastewater contribution permit, order, or agreement issued pursuant to this chapter, or other pretreatment standard or requirement, the WWTP Superintendent may issue a notice of violation to formally document the noncompliance. This document will specify the nature of the violation, establish a date by which the violation shall be corrected, and notify the affected user that failure to correct the violation would constitute a further violation that may result in additional enforcement action. The notice of violation will be sent via first-class mail or personally served on an authorized representative of the industrial user. Receipt, or non-receipt, of a notice of violation will in no way relieve the affected user of any and all liability associated with the violation. Issuance of a notice of violation will not be a bar against, or a prerequisite for, any other enforcement actions against the affected user.
(b) Order to show cause. When it is determined that a user has violated any provision of its wastewater contribution permit, order, or agreement issued pursuant to this chapter, or other pretreatment standard or requirement, the City Manager may issue an administrative order to show cause to require the affected user to appear at a hearing to demonstrate why escalated enforcement action should not be pursued. This document will specify the nature of the violation, establish the time and place for the hearing, and notify the affected user that failure to comply would constitute a further violation that may result in additional enforcement action. The order to show cause will be issued at least ten days prior to the hearing, and will be sent via certified mail/return receipt requested or personally served on an authorized representative of the industrial user. Receipt, or non-receipt, of an order to show cause will in no way relieve the affected user of any liability associated with the violation. Issuance of an order to show cause or conducting of the show cause hearing will not be a bar against, or a prerequisite for, any other enforcement actions against the affected user.
(c) Order of consent. When affected user agrees to a violation and to the remedial solution, the City Manager may issue an order of consent to formally establish such agreement. The order of consent will specify the nature of the violation and required actions such as compliance schedules, stipulated fines, additional self-monitoring, and improvements to treatment facilities or management practices designed to control the user’s discharge to the POTW. The order of consent will have the same force and effect as other administrative orders issued by the city pursuant to this chapter, will be judicially enforceable, and will not modify the requirements or extend the deadline for compliance established by a pretreatment standard or requirement. The order of consent will be sent via certified mail/return receipt requested or personally served on an authorized representative of the industrial user, and will require signatures of representatives from both the city and the affected user. Receipt, or non-receipt, of an order of consent will in no way relieve the affected user of any liability associated with the violation. Issuance of an order of consent will not be a bar against, or a prerequisite for, any other enforcement actions by the city against the affected user.
(d) Order to achieve compliance. When the affected user does not agree to the violation or to the remedial solution, the City Manager may issue an order to achieve compliance. The order to achieve compliance will specify the nature of the violation and establish required actions such as compliance schedules, stipulated fines, additional self-monitoring, and improvements to treatment facilities or management practices designed to control the user’s discharge to the POTW. The order to achieve compliance will have the same force and effect as other administrative orders issued pursuant to this chapter, will be judicially enforceable, and will not modify the requirements or extend the deadline for compliance established by a pretreatment standard or requirement. The order to achieve compliance will be issued unilaterally in that terms need not be agreed to by the affected user, and will be sent via certified mail/return receipt requested or personally served on an authorized representative of the industrial user. Receipt, or non-receipt, of an order to achieve compliance will in no way relieve the affected user of any liability associated with the violation. Issuance of an order to achieve compliance will not be a bar against, or a prerequisite for, any other enforcement actions against the affected user.
(e) Cease and desist order. When it is determined that a user has violated and continues to violate any provision of its wastewater contribution permit, order, or agreement issued pursuant to this chapter, or other pretreatment standard or requirement, the City Manager and City Attorney may jointly issue a cease and desist order requiring the affected user to eliminate the violation within 24 hours or face suspension of sewer service. This document will specify the nature of the violation and require that the violation cease. The cease and desist order will be personally served on an authorized representative of the industrial user. Receipt, or non-receipt, of a cease and desist order will in no way relieve the affected user of any liability associated with the violation. Issuance of a cease and desist order will not be a bar against, or a prerequisite for, any other enforcement actions against the affected user.
(f) Notice of termination. Except for emergency situations covered under division (g) of this division, whenever it is determined that a user’s continuing violation of any provision of its wastewater contribution permit, order, or agreement issued pursuant to this chapter, or other pretreatment standard or requirement warrants revocation of its privilege to discharge to the POTW, the City Manager and City Attorney may jointly issue a notice of termination to warn of the impending suspension of the sewer service up to and including severance via temporary plug in the affected user’s sewer connection. The notice of termination will specify the date and the time of scheduled service suspension in order to allow the affected user to either voluntarily cease the violating discharge or arrange appropriate actions such as production shut-down or alternative means of wastewater disposal, and notify the affected user of its liability for any costs incurred by the city to conduct this enforcement action. This document will also establish the time and place for a hearing where the affected user shall present a written statement regarding the causes of the violation and measures taken to prevent future occurrences. The notice of termination will be personally served on an authorized representative of the industrial user at least ten days before the scheduled service suspension. Receipt, or non-receipt, of a notice of termination will in no way relieve the affected user of any liability associated with the violation. Issuance of a notice of termination will not be a bar against, or a prerequisite for, any other enforcement actions against the affected user.
(g) Emergency cease and desist order/suspension of service. Whenever it is determined that a user has violated any provision of its wastewater contribution permit, order, or agreement issued pursuant to this chapter, or other pretreatment standard or requirement, and that the violation creates or threatens to create an emergency situation including but not limited to violation of any condition of the city’s NPDES permit, interference with the POTW collection system or treatment processes, damage to the POTW, hazard to the environment, and/or health and safety endangerment to POTW workers or the public, the City Manager and City Attorney will jointly issue an emergency cease and desist order. The emergency cease and desist order will:
1. Specify the nature of the violation;
2. Notify the affected user to eliminate the violating discharge immediately or face service severance via a temporary plug in its sewer connection at any time and without further warning;
3. Require that the discharge not recommence until such time as the affected user is able to demonstrate that it can comply with the pretreatment standards or requirements;
4. Notify the affected user of its liability for any costs incurred by the city to conduct such enforcement action; and
5. Establish the time and place for a hearing where the affected user shall present a written statement regarding the causes of the violation and measures taken to prevent future occurrences.
(C) The emergency cease and desist order will be personally served to an authorized representative of the industrial user, or may be delivered verbally via telephone to an authorized representative of the industrial user and then served personally. Receipt, or non-receipt, of an emergency cease and desist order will in no way relieve the affected user of any liability associated with the violation. Issuance of an emergency cease and desist order will not be a bar against, or a prerequisite for, any other enforcement actions against the affected user.
(Ord. 257, passed 6-3-91; Am. Ord. 333, passed 5-16-16) Penalty, see § 51.999