(a) Issuance of orders. Whenever the City Director determines that any user has violated or is in danger of violating this division or other applicable laws or regulations which the City is authorized to enforce, the City Director may order the user to take action or refrain from certain actions as appropriate under the circumstances.
(b) Types of orders. The following orders may be issued by the City Director:
(1) Immediate cease and desist. An order to immediately cease and desist from discharging any wastewater or pollutant which presents or may present imminent or substantial endangerment to the health or welfare of persons or the environment or which could cause interference or pass-through. The order shall be final and in effect upon issuance;
(2) Cease discharge within a time certain. The City Director may issue an order to cease discharge by a certain time and date. The order may also contain such conditions as deemed appropriate by the City Director. Non-payment of use permit fees and noncompliance with any term of a use permit are examples of sufficient cause for an order to cease discharge within a time certain; and
(3) Order to perform. An order requiring a user subject to this division to perform any required action required or to comply with any provision of this division, including, but not limited to, the following:
a. Submit samples;
b. Install sampling or monitoring equipment;
c. Submit reports;
d. Allow access for inspection, sampling, tests, monitoring and investigations;
e. Install, operate and maintain pretreatment equipment;
f. Reduce or eliminate a discharge or pollutants in a discharge or a characteristic of a discharge;
g. Pay use permit fees; or
h. Pay a compensatory charge.
(c) Content of orders. Any order issued by the City Director shall generally state the factual basis and reasons for its issuance, the required action, and the time within which the action shall be taken. No such order shall be deemed insufficient for inconsequential errors and omissions in the facts or reasons for the order. If any user deems the information in the order insufficient, it may request additional information. Multiple orders may be issued simultaneously, separately, or in combination as a single order by the City Director with respect to a single user.
(d) Consent orders. A user 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 Director may physically disconnect a user from the POTW if the user violates any provision of an order, including an immediate cease and desist order.
(Ord. 3630, passed 12-13-2004)