(A) Notification of violation. Whenever the Superintendent finds that any user has violated or is violating this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment requirement, the Superintendent or his or her agent may serve upon said user a written notice of violation. Within seven 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 required actions, shall be submitted by the user to the Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(B) Consent orders. The Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such orders will include specific action to be taken by the user to correct the non-compliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant division (D) below and shall be judicially enforceable.
(C) Show cause hearing. The Superintendent may order any user which causes or contributes to violation(s) of this chapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment standard or requirement, to appear before the Superintendent and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such actions and a request that the user show cause why 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 seven days prior to the hearing. Such notice may served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be prerequisite for taking any other action against the user.
(D) Compliance orders. When the Superintendent finds that a user has violated or continues to violate the ordinance, wastewater discharge permits or orders issued hereunder or any other pretreatment standard of requirement, he or she may issue an order to the user responsible for the discharge directing that the user come into compliance within a period of time specified in the order. If the user does not come into compliance within the specified period of time, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the non- compliance, 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 federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.
(E) Cease and desist orders.
(1) When the Superintendent finds that a user is violating this chapter, the user’s wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(a) Immediately comply with all requirements; and
(b) 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.
(2) Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user.
(F) Emergency suspensions.
(1) The Superintendent may immediately suspend a user’s discharge (after informal notice to the user) whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent may also immediately suspend a user’s discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.
(a) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Superintendent shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings set forth in division (G) below are initiated against the user.
(b) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent, prior to the date of any show cause or termination hearing under division (C) above and division (G) below.
(2) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(G) Termination of discharge.
(1) In addition to those provisions in § 8-2-4(M) of this chapter, any user that violates the following conditions of this chapter, wastewater discharge permits or orders issued hereunder, is subject to discharge termination:
(a) Violation of wastewater discharge permit conditions;
(b) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
(d) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling;
(e) Violation of the pretreatment standards in § 8-2-2 of this chapter; and
(f) Failure to pay sewer use charges as specified in § 8-7-2 of this code of ordinances, or any other fee that may be assessed by matters covered by this chapter.
(2) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under division (C) above why the proposed action should not be taken.
(Ord. C-172, passed 9-7-1993)