(a) Issuance of orders. Whenever the City Water Pollution Control Supervisor (CWPCS) has determined that any person has violated or may violate this division, the CWPCS may issue an order to take actions or to refrain from actions as deemed appropriate by the CWPCS under the circumstances.
(b) Types of orders. The following orders may be issued by the CWPCS:
(1) Immediate cease and desist. An order to immediately cease and desist any illicit discharge or remove an illicit connection. Such order shall be final and in effect upon issuance;
(2) Order to cease and desist within a time certain. The CWPCS may issue an order to cease and desist an illicit discharge or remove an illicit connection by a certain time and date. The order may also contain such other conditions as deemed appropriate by the CWPCS;
(3) Order to perform. The CWPCS may also issue an order to persons subject to this division to require such persons to perform any action required of it under this division or to comply with this division, including, but not limited to, the following:
a. Submit samples;
b. Construct a monitoring structure and/or install sampling or monitoring equipment;
c. Submit reports;
d. Allow access for inspection, sampling, tests, monitoring and investigations;
e. Install, operate and maintain treatment equipment;
f. Reduce or eliminate a discharge or pollutants in a discharge or a characteristic of a discharge;
g. Payment of storm sewer use fees;
h. Develop and implement procedures, construct structures or install equipment for preventing and appropriately responding to accidental discharges;
i. Control, recover or mitigate the effects of materials accidentally or intentionally discharged to the storm sewer system or which could potentially be discharged to the storm sewer system (i.e., sills on pavement or the ground); and
j. Conduct investigations or studies (i.e., environmental monitoring, environmental risk assessments, hydro-geological studies and the like) to determine the effects or risks associated with actual, potential or past discharges; the actual or possible route(s) of entry of actual or suspected discharges (i.e., through underground pipes or by infiltration); the extent of environmental contamination which is or which may be causing a discharge; or any other purpose as the CWPCS may determine; and to submit reports documenting the findings of such investigations or studies.
(c) Content of orders. Any order issued by the CWPCS shall generally state the facts and basis for its issuance, and the action or withholding of action ordered as well as the time within which such action or withholding of action shall be taken. No such order shall be deemed insufficient, however, for inconsequential errors and omissions in the facts and bases for the order. If any person subject to an order deems the content of the order to contain insufficient information, the person may ask the CWPCS for additional information. Multiple orders may be issued simultaneously, separately or in combination as a single order by the CWPCS with respect to a single person.
(d) Consent orders. A person and the City may enter into an order by consent and such order is enforceable by the City in the same manner as any other order.
(e) Disconnection. The City may physically remove an illicit connection if a person violates any provision of an order, including an immediate cease and desist order.
(f) Notices of violation.
(1) Issuance of notice of violation. The CWPCS may issue a notice of violation with or without an order against any person deemed to be in violation of this division or a permit issued under the division.
(2) Service. The notice of violation and/or the order shall be served upon the user either by personal delivery or by first class mail addressed to the person, except that an immediate cease and desist order may be written or oral, and may also be served by telephone.
(3) Content of notice of violation. The notice of violation shall specify the following:
a. Date of issuance;
b. If known by the City, the date(s), time(s) and place(s) of violation, the nature of the violation, the substances discharged, and the volume of the discharge, where applicable;
c. Reference to the pertinent section of this division, permit or other law or regulation under which the violation is charged;
d. Reference to the pertinent law establishing penalties for the violation;
e. Potential penalties and fines; and
f. The right of an alleged violator to present to the CWPCS written explanations, information or other materials in answer to the notice of violation, including any defenses.
(4) Notice to municipality. Any notice of violation issued pursuant to this section upon any person within the corporate limits of any contract municipality shall be served upon the municipality in the manner provided in § 46-134(f)(2), and the municipality shall be given notice, also in the manner provided in § 46-134(f)(2), of all informal conferences conducted pursuant to the notice of violation and the municipality may participate as an amicus curiae.
(g) Informal conference and judicial review.
(1) Informal conference. A person subject to an order, notice of violation or permit decision that deems itself aggrieved by the order or notice or permit decision may request an informal conference with the CWPCS. Such request shall be in writing and submitted within 20 calendar days after the permit decision or receipt of the order or notice of violation. This section does not apply to municipal civil infraction citations and/or municipal civil infraction notices as defined in Chapter 1, § 1-12 of the ordinances of the City of Flint. The purposes of the informal conference shall be to discuss the matter and try to reach a settlement of the matter agreeable to the person and the City. The CWPCS may participate in the conference or appoint a designee to participate. Neither the CWPCS nor his or her designee shall be required to reach a conclusion or provide a decision as a result of the conference. A person is not required to request an informal conference before seeking judicial review.
(2) Judicial review. Appeals may be taken from any order or notice of violation to a court of competent jurisdiction within 28 calendar days of such action as provided by law by the person subject to the order or notice. No stay of the order or notice shall apply unless the stay is ordered by the court.
(Ord. 3489, passed 2-25-2002; Ord. 3630, passed 12-13-2004; Ord. 3734, passed 11-19-2008)