(A) Any user found to be violating this subchapter or order issued hereunder, or any other pretreatment requirement shall be served by the Superintendent with a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific requirement actions, shall be submitted to the Superintendent. Submission of this plan in no way relieves the user of the liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the town to take emergency action without first issuing a notice of violation.
(B) The Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to divisions (D) and (E) below and shall be judicially enforceable.
(C) The Superintendent may order any user, which causes or contributes to violation(s) of this subchapter, wastewater permits or orders issued hereunder, or any other pretreatment requirement to appear before the Superintendent and show cause with a proposed enforcement action, the reasons for such action, and a request that the user show cause who this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served on an authorized representative of the industrial user. Whether or not the industrial user appears as noticed, immediate enforcement action may be pursued following the hearing date.
(D) When the Superintendent finds that a user has violated or continues to violate the subchapter, permits, or orders issued hereunder, or any other pretreatment requirement, he or she may issue and order to the user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. Furthermore, the Superintendent may continue to require such additional self-monitoring for at least 90 days after consistent compliance has been achieved, after which time the self-monitoring conditions in the discharge permits shall control.
(E) When the Superintendent finds that a user has violated or continues to violate this subchapter, permits, or orders issued hereunder, or any other pretreatment requirement, the Superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) Immediately comply with all requirement; 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.
(Ord. 99-12, passed 11-22-1999)