The POTW Manager may issue an order to any user as determined by the Manager to be appropriate under the circumstances, as provided by this section. Multiple orders may be issued simultaneously or in combination as a single order with respect to a single user.
(a) Service. An order shall be served upon a user and shall contain the information as provided by Section 1044.104. However, orders to immediately cease and desist discharge, or to terminate sewer services, or other emergency orders where delay might endanger human health, the environment or the POTW, may be oral and may be served by telephone (to be followed within five days by written confirmation of the order by the POTW Manager).
(b) Types of Orders. The POTW Manager may issue the following types of orders:
(1) Order to Immediately Cease and Desist Discharge. The POTW Manager may issue an order to cease and desist from discharging any wastewater, pollutant, or discharge not in compliance with this chapter. The order shall have immediate effect if the actual or threatened discharge to the POTW presents, or may present, imminent or substantial endangerment to the health or welfare of persons, to the environment, or causes, or may cause, interference or pass through. The POTW Manager shall implement whatever action is necessary to halt or prevent the discharge, including, but not limited to, emergency suspension of service. The user shall be assessed for any penalties, fines, charges, surcharges, expenses, or losses incurred due to the actual or threatened discharge of pollutants as provided by this chapter.
(2) Order to Cease Discharge Within a Time Certain. The POTW Manager may issue an order to cease and desist from discharging any wastewater, pollutant, or discharge not in compliance with this chapter by a certain time and date. The proposed time for remedial action shall be specified in the order. In addition to any other circumstances as determined appropriate by the POTW Manager, an order may be issued under this section for the failure to pay applicable permit fees or to comply with any term of a user permit.
(3) Order to Effect Pretreatment. The POTW Manager may issue an order to a user requiring the user to pretreat its discharge in accordance with this chapter. Any user subject to an order to pretreat shall prepare a plan to pretreat its discharge so that the discharge complies with the requirements of the order and this chapter. The plan shall be submitted to the POTW Manager within a reasonable period as specified in the order. The plan shall be prepared in accordance with good engineering practice and shall state whether construction is necessary, as well as identify measures that can be completed without construction. The plan shall contain a schedule of compliance for completion of each of the various phases necessary to implement full pretreatment. The schedule of compliance must be approved by the POTW Manager. The schedule of compliance shall consist of one or more remedial measures, including enforceable timetables for a sequence of actions or operations leading to compliance with an effluent standard, or other prohibition or standard. The following steps or phases shall be included in the schedule of compliance as determined necessary by the POTW Manager:
A. Retain a qualified engineer and/or consultant.
B. Obtain any engineering or scientific investigation or surveys deemed necessary.
C. Prepare and submit a preliminary plan to achieve pretreatment.
D. Prepare plans and specifications, working drawings, or other engineering or architectural documents that may be necessary to effect pretreatment.
E. Establish a time to let any contract necessary for any construction.
F. Establish completion times for any construction necessary.
G. Establish a time limit to complete full pretreatment pursuant to the final order.
H. If a phase or unit of construction or implementation may be effected independently of another phase or unit, establish separate timetables for the phases or unit.
(4) Order to Affirmatively Respond. The POTW Manager may issue an order requiring a user to perform any action required under this chapter, including, without limitation, requiring a user to submit samples; to install sampling, metering and monitoring equipment; to submit reports; to permit access for inspection, sampling, testing, monitoring and investigations; to reduce or eliminate a discharge or pollutants in a discharge; or to pay permit fees or other applicable charges.
(5) Order to Terminate Sewer Services. The POTW Manager may issue an order to terminate the sewer services of a user, including, but not limited to, physical blockage of the user’s sewer connection, for reasons including, without limitation, the following:
A. A discharge that violates any general or specific discharge prohibition, including any pretreatment standard or requirement, and that reasonably appears to present an imminent endangerment to human health, the environment or the POTW.
B. Failure of a user to notify the POTW of any discharge as described in subsection (b)(5)A. above of which the user was aware or reasonably should have been aware.
C. Failure of a user to sample, monitor, pretreat or report, or failure to install monitoring or pretreatment facilities, as required by an order of the POTW Manager.
D. A knowing, willful violation of any term, condition or requirement of an order or user permit, or any provision of this chapter.
E. A negligent violation of any major term, condition or requirement of an order or user permit. For purposes of this section, a “
(6) Order to Show Cause. The POTW Manager may issue an order requiring a user to appear and explain any noncompliance with the requirements of this chapter or any permit, order, decision or determination promulgated, issued or made under this chapter, and to show cause why more severe enforcement actions against the user should not go forward. A show cause hearing shall be held within ten days after the order to show cause is issued, as follows:
A. The hearing shall be conducted and evidence shall be taken by the POTW Board of Appeals, Notice of the hearing shall be provided to require the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearing.
B. Any testimony taken at the hearing shall be under oath and recorded. A copy of the transcript of the hearing shall be made available at cost to any person upon payment of applicable charges for the transcript.
C. After reviewing the evidence taken at the hearing, the POTW Board of Appeals shall decide whether further enforcement action is required and, if so, the nature and extent of that further action, including, without limitation, the issuance of any order or imposition of any fines, fees, surcharges or penalties, as authorized by this chapter.
(c) Immediate Response to Order by User may be Required. Any user issued an order as provided by this section to immediately suspend its discharge to the POTW shall immediately stop or eliminate the discharge using whatever means are necessary to do so, or take any other action as required by the order. If the user fails to comply voluntarily with the order to immediately suspend its discharge, the POTW shall take any action determined necessary as authorized by this chapter, including, without limitation, immediate suspension of water service and/or severance of the sewer connection or commencement of judicial proceedings, to prevent or minimize damage to the POTW or endangerment to public health, safety or the environment. The POTW may reinstate the wastewater treatment service and terminate any judicial proceedings, as applicable, upon satisfactory proof or other demonstration by the user that the noncomplying discharge has been eliminated or will not reoccur. A detailed written statement submitted by the user describing the causes of the noncomplying discharge and the measures taken to prevent any further occurrence shall be submitted to the POTW Manager within 15 days of the occurrence.
(d) Noncompliance Due to Factors Beyond User’s Control. If noncompliance with an order is unintentional and temporary and due to factors beyond the reasonable control of a user, and the user can demonstrate the conditions necessary for demonstration of an upset as provided by Section 1044.083(a), the POTW Manager may modify the order or take other actions as determined appropriate. However, a user shall not be relieved of liability for noncompliance with an order to the extent caused by operational error, improperly designed or inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation.
(e) Amendment, Suspension and Revocation of Orders. An order shall be subject to amendment, suspension or revocation as determined appropriate by the POTW Manager. Notice of the amendment, suspension or revocation shall be served upon the user in the same manner as notice was provided for the original order. An amendment, suspension or revocation of an order shall be subject to the same procedures for review and appeal as the original issuance of the order, as provided by this chapter.
(f) Consent Orders and Agreements. The POTW Manager may enter into a consent order or agreement with a user to resolve disputed claims and address identified and potential deficiencies in the user’s compliance status. The order or agreement shall be in the form of a written agreement with the user and may contain appropriate provisions, including, without limitation, compliance schedules and stipulated fines and remedial actions.
(g) POTW Authority to Require Financial Assurances. The POTW may require any user, to post a performance bond (or other form of surety acceptable to the POTW Manager) sufficient to cover expenses (direct and/or indirect) that might reasonably be incurred by the POTW as a result of the user’s discharges to the POTW (including, but not limited to, the costs to restore or repair any damage to the POTW) or sufficient to achieve consistent compliance with applicable laws and regulations, as determined necessary by the POTW Manager. Further, any user that has in the prior two years been responsible for causing interference or pass through at the POTW may be required to obtain liability insurance sufficient to cover the reasonable costs of responding or restoring the POTW in the event of a second such incident. These financial assurance requirements may also be made conditions of a user permit.
(Ord. 2009-02. Passed 5-11-09.)