(a) Orders. The Director may issue orders to any person as the Director deems necessary to administer and enforce the provisions of this chapter. Director’s orders shall be served upon the affected person either in person or by certified mail. Any person issued an order, other than a consent order, by the Director may appeal the order under Section 924.08. The Director may, but need not, issue a notice of violation or hold a show cause hearing with respect to an order. The Director may issue, but is not limited to, the following types of orders:
(1) Consent orders. The Director may enter into consent orders establishing an agreement with any person responsible for noncompliance. The order would include specific action to be taken by the person to correct the noncompliance within a specified period of time. This order may include provisions for payment of administrative fines assessed under Section 924.06(f).
(2) Compliance orders. Upon finding that a person has violated this chapter, the Director may issue an order directing that, after a specified time period, sewer service shall be discontinued unless adequate treatment facilities have been installed and are properly operated. The order may also include requirements for additional self-monitoring and management practices.
(3) Cease and desist orders. Upon finding that a person has violated this chapter, the Director may issue an order to cease and desist all such violations and direct appropriate remedial or preventative action to permanently prevent such violation including halting operations and terminating discharge.
(b) Notice of Violation. Whenever the Director finds that any person has violated this chapter, the Director may serve upon such person a written notice of violation (nov). Within 30 days of service, such person shall submit to the Director a written explanation of the violation and remedial action plan to correct the violation and prevent future occurrence. This does not relieve the person of liability for any violations. A discharger may not appeal a NOV.
(c) Show Cause Hearing. The Director may order any person who causes or contributes to violations of this chapter to show cause why a proposed enforcement action should not be taken. The person shall be served a notice of the hearing, specifying the place and time of the hearing, the proposed enforcement action, and the reasons for such action and a request that the person show cause why this proposed enforcement action should not be taken. The notice of hearing shall be served on the discharger, personally or by certified mail, at least 10 days prior to the hearing. Service may be made on any agent, officer or authorized representative of the discharger or to the discharger’s principal place of business or to the facility at which the noncompliance occurred. The Director may take evidence and may tape record or stenographically record the proceedings. If a recording is made, it shall be available to the party and the public at a cost. If the person fails to appear, the person shall be deemed to agree with the action proposed by the Director.
(d) Actions taken by the Director resulting from a show cause hearing are not subject to the appeal provisions set forth in Section 924.08. Failure to hold a show cause hearing or defects in the hearing do not affect the validity of any enforcement action taken.
(e) Termination of Treatment Services and/or Revocation of Discharge Permit. After 30 days notice, except as provided in Section 924.06(e), the Director may terminate sewer services and/or revoke the discharge permit of any person who violates any provision or condition of this chapter, including but not limited to the following:
(1) Failure to factually report wastewater constituents and characteristics including strength of its discharge; or
(2) Failure to report significant changes in wastewater constituents or characteristics including strength of its discharge; or
(3) Failure to permit reasonable access to the discharger’s premises by representatives of the Director for purpose of inspection or monitoring; or
(4) Failure to conform to the requirements of the discharge permit; or
(5) Failure to conform to any judicial order relating to wastewater.
The Director may take any action necessary to prevent use of the sewer system by persons whose sewer services have been terminated including severing the sewer connection and terminating city water service.
(f) Emergency Suspension of Sewer Services and/or Discharge Permit. The Director may immediately suspend sewer services and/or discharge permit of any person whenever, in the Director’s opinion, such action is necessary to stop an actual or threatened discharge presenting an imminent or substantial danger to the health or welfare of persons, the sewer system, or the environment. Emergency suspension of sewer service and/or discharge permit may not be appealed to the Director. Any person notified of such suspension shall immediately eliminate such condition or discharge. If the person fails to immediately comply, the Director may immediately sever the sewer connection to prevent or minimize the danger. If the Director has not issued a 30-day notice of termination of sewer services and/or revocation of discharge permit and upon proof by the discharger of the elimination of the conditions creating the actual or threatened imminent or substantial danger, the Director may reinstate the sewer service and/or discharge permit at the discharger’s own expense.
(g) Administrative Fines.
(1) The Director may assess, on a strict liability basis, administrative fines not to exceed five hundred dollars ($500.00) per violation against any person who violates any provision of this chapter, discharge permit, or order under this chapter. Each day, or portion thereof, when a violation occurs, shall be considered a separate violation.
(2) In determining the amount of an administrative fines, the Director shall consider the magnitude and severity of the violation, history of past violations or compliance, economic advantage accrued by the violator due to the violation or noncompliance, and affirmative actions taken by the violator to comply with the provisions of this chapter and regulations, permit or order. The Director may establish minimum administrative fines for violation of specific sections of the chapter, discharge permits, or orders.
(3) Administrative fines assessed by the Director against a person may be added to the person’s sewer service charge and the Director shall have such collection remedies as provided to collect other service charges.
(4) Any person assessed an administrative fine under this paragraph may appeal the action as provided in Section 924.08. Any person assessed an administrative fine and believing that an affirmative defense provided by this chapter applies shall raise the defense through such appeal.
(h) Recovery of Costs. Any person who discharges or causes a discharge producing an obstruction, damage, or any other impairment to the wastewater treatment works or the wastewater treatment plant, or any related expense of whatever character or nature to the city, the Director may assess the expenses incurred by the city to clear the obstruction, repair the damage, and any other expenses or damages incurred by the city. Assessments made by the Director against a user may be added to the user’s sewer service charge and the Director shall have such collection remedies as he is to collect other service charges.
(i) Recovery of Penalties against the City. If the city pays a penalty for a violation of the city’s NPDES permit or violation of water quality standards or otherwise as the result of any spill or slug discharge, then the penalty, including all city legal, sampling, analytical testing costs, and any other related costs may be charged to the responsible person. This charge is in addition to other remedies available to the city.
(j) Judicial Proceedings. Upon authorization of funds by Council:
(1) Whenever the Director finds that any person has violated the provisions of this chapter, the Director may seek from a court of competent jurisdiction injunctive relief against such person.
(2) The Director may seek in a civil action collection of any administrative fines and seek civil penalties and damages provided by this chapter.
(3) The Director may refer any violation of this chapter to the city attorney for criminal prosecution.
(Ord. 2004-23. Passed 4-13-04.)