Whenever the City Manager determines that any discharger has violated this chapter, or any other applicable laws or regulations which the city is authorized to enforce, the City Manager may issue administrative orders of the type listed below, as deemed appropriate under the circumstances. Multiple orders may be issued simultaneously or in combination as a single order with respect to a single discharger.
(A) Cease and desist order. A cease and desist order directs the non-complying user to cease illegal or unauthorized discharges immediately or to terminate its discharge altogether. Any person who uses, applied for use and/or is connected to the POTW under this chapter shall be deemed to have consented to inspection pursuant to this section, including entrance upon that person’s property by the City Manager to take such steps as are necessary to eliminate the discharge should the discharger fail to comply with such order. Such order shall be final and in effect until a hearing, if requested by the user, is conducted and a final decision is made by the City Manager. A written request for such hearing shall be made within ten calendar days after receiving the order.
(B) Consent order. An agreement between the City Manager and the user which may contain compliance schedules, requirements for reimbursement of the city for damages and costs incurred or remedial actions, fines and administrative penalties and signatures of the City Manager and the authorized representative. A consent order shall address every identified and potential deficiency in the user’s compliance status at the time of the order.
(C) Show cause order.
(1) Where the violation is not corrected by timely compliance, the City Manager may order any discharger who causes or allows prohibited conduct, to show cause before the City Manager why a proposed permit revocation action should not be taken.
(2) A written notice shall be served on the discharger by personal service, or by certified mail, return receipt requested, specifying the time and place of a hearing to be held by the City Manager regarding the violations, the reasons why the enforcement action is to be taken, the proposed enforcement action and directing the discharger to show cause before the City Manager why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer or authorized representative of the discharger.
(3) The proceedings at the hearing shall be considered by the City Manager who shall then enter appropriate orders with respect to the alleged improper activities of the discharger. Appeal of such order may be taken by the discharger in accordance with applicable state law.
(D) Compliance order. A compliance order directs the discharger to achieve compliance by a date specified in the order. Compliance orders require Industrial users to develop management practices, spill prevention programs and related POTW industrial pretreatment program requirements.
(E) Stop work order. Where there is work in progress that constitutes causes or is causing a violation of any provision of this chapter, the City Manager may issue a stop work order to prevent further violations or damage.
(Ord. effective 11-15-2013)