(A) Whenever the pretreatment coordinator finds that any user has violated or is violating this chapter, wastewater contribution permit, or any prohibition, limitation or requirements contained herein, the pretreatment coordinator may serve upon that person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the pretreatment coordinator by the user.
(B) (1) Any person who, after receiving a notice of violation, shall continue to discharge in violation of this chapter or other pretreatment standard or requirement, or is determined to be a chronic or persistent violator, shall be ordered to appear before the pretreatment coordinator. At the appearance, a compliance schedule will be given to the violating user and, if deemed appropriate by the Manager, an administrative fine assessed. The fine shall be determined on a case-by-case basis which shall consider the type, severity, duration and number of violations, severity of impact on the POTW, impact on human health, user’s economic benefit from the violation, past history of the user and good-faith efforts made by the user. The fine shall be a non-arbitrary, but appropriate amount.
(2) Users desiring to dispute the fines shall file with the pretreatment coordinator a request for the GWSC to reconsider the fine within ten days of being notified of the fine. The GWSC shall convene a hearing on the matter within 15 days of receiving such a request from the users.
(3) The administrative order may take any of the following four forms:
(a) Consent order. The pretreatment coordinator is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. The orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified in the order. Consent orders shall have the same force and effect as all other administrative orders.
(b) Compliance order. When the pretreatment coordinator finds that an industrial user has violated or continues to violate this chapter or permit or order issued hereunder, he or she may issue an order to the industrial user responsible for the violation directing that following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices.
(c) Cease and desist order. When the pretreatment coordinator finds that an industrial user has violated or continues to violate this chapter or any permit or order issued hereunder, the pretreatment coordinator may issue an order to cease and desist all such violations to the user and direct those persons in noncompliance to:
(1). Comply forthwith; or
(2). Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(d) Show cause hearing. The GWSC may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Commission why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Commission regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Commission why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
(C) The Commission may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the GWSC to:
(1) Issue in the name of the GWSC notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the hearings;
(2) Take the evidence;
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Commission for action thereon.
(D) At any hearing held pursuant to this section, testimony taken shall be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(E) After the GWSC has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities and devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(1989 Code, § 52.137) (Ord. 1619, passed - -1984; Am. Ord. 1948, passed 3-9-1992; Am. Ord. 2752, passed 7-25-2011)