In the event of conduct by an IU which is contrary to any requirement or provision of this chapter, the District may issue the following orders:
(A) Cease and desist orders. When the District finds that an IU has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the IU’s past violations are likely to recur, the District may issue an order to the IU directing it to cease and desist all such violations and directing the IU to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the IU.
(B) Compliance orders. When the District finds that an IU has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the District may issue an order to the IU responsible for the discharge directing that the IU come into compliance within a specified time. If the IU does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the IU 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 IU.
(C) Consent orders. The District may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any IU responsible for noncompliance. Such documents shall include specific action to be taken by the IU to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to divisions (A) and (B) above, and shall be subject to civil judicial enforcement. Consent orders may require the achievement of total compliance through adherence to a schedule of activities the contents of which shall be negotiated by the District and the IU, or their designated representatives. Any administrative order issued pursuant to this section shall require the cessation of all discharges in the event of failure by the IU to achieve total compliance by the final date for compliance stated in said order.
(Ord. 18-0017, passed 11-13-2018)