(A) Telephone call or e-mail communication.
(1) After discovery of an industrial user violation, the environmental officer may inform the non-compliant user by telephone or by e-mail communication concerning the violation committed by the user. If by telephone, the environmental officer will speak to the authorized user contact and explain the violation along with the possible enforcement action against the user if the violation continues to occur. The environmental officer will gather the following information:
(a) Why the violation occurred;
(b) Whether the problem has been corrected;
(c) Whether the violation could occur again; and
(d) When the problem has been or will be corrected.
(2) The information received from the contact concerning the violation will be documented along with time and date of call in the violation summary file. Such telephone call may be utilized to provide verbal notification of minor violations. If communication is by e-mail and the industrial user does not provide the above information in a timely manner, the environmental officer will follow-up via telephone. Use of the telephone call or e-mail communication does not limit the environmental officer's ability to take any other action authorized by this plan.
(B) Notification of violation. When the environmental officer finds that a user has violated, or continues to violate, any provision of this chapter, an industrial user wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the environmental officer may serve upon that user a written notice of violation. Within 15 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 environmental officer. If the user denies that any violation occurred and/or contends that no corrective action is necessary, an explanation of the basis of any such denial or contention shall be submitted to the environmental officer within 15 days of receipt of the notice. Submission of an explanation and/or 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 environmental officer to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(C) Consent orders. The environmental officer may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such documents may include specific action to be taken by the user to correct the non-compliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to divisions (D) and (E) of this section and shall be judicially enforceable.
(D) Show cause hearing. The environmental officer may order a user which has violated, or continues to violate, any provision of this chapter, an industrial user wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the environmental officer and show cause why the 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 action, and a request that the user show cause why the 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 any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(E) Compliance orders. When the environmental officer finds that a user has violated, or continues to violate, any provision of this chapter, an industrial user wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the environmental officer may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time limit. If the user does not come into compliance within the specified time limit, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, 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 relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(F) Cease and desist orders. When the environmental officer finds that a user has violated, or continues to violate, any provision of this chapter, an industrial user wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the environmental officer 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 requirements; 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. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(G) Emergency suspensions.
(1) The environmental officer may immediately suspend a user's discharge, after any reasonable notice to the user that is practical under the circumstances, whenever such suspension is necessary 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 environmental officer 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 environmental officer may 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 environmental officer may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the environmental officer that the period of endangerment has passed, unless the termination proceedings in divisions (H) of this section 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 environmental officer prior to the date of any show cause or termination hearing under division (D) or (H) of this section.
(2) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(H) Termination of discharge.
(1) In addition to the provisions in § 56.19(E) of this chapter, any user who violates the following conditions is subject to discharge termination:
(a) Violation of industrial user 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; or
(e) Violation of pretreatment standards.
(2) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under division (D) of this section why the proposed action should not be taken. Exercise of this option by the environmental officer shall not be a bar to, or a prerequisite for, taking any other action against the user.
(I) Administrative fines.
(1) When the environmental officer finds that a user has violated, or continues to violate, any provision of this chapter, an industrial user wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the environmental officer may fine such user in an amount not to exceed $1,000. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 10% per month. A lien against the user's property will be sought for unpaid charges, fines, and penalties.
(3) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(J) Appeals from administrative enforcement actions. Any industrial user subject to any order issued, any administrative fine imposed, or any enforcement action taken by the environmental officer pursuant to his/her authority in this § 56.21, may appeal the order, action, or fine by filing a written notice of appeal with the environmental officer (the environmental officer may provide forms for this purpose). Such notice of appeal shall be filed within fifteen days of notice of the order, action, or fine.
(Ord. 160726-A, passed 7-26-2016)