(a) When a user is in violation of any limitation or requirement of this chapter or any other applicable Federal or State law, the Director shall serve a written notice to such user, stating the nature of the violation. Within twenty days of the receipt of the violation notice, an explanation of the violation and a plan for satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the City. 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. If the violation is not corrected by timely compliance, the user shall appear before Council to show reason why enforcement action should not be taken and or a compliance schedule prepared. A written notice specifying the time and place for the meeting, the proposed enforcement action, the reason for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the meeting. 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.
(b) The following conditions shall apply to the compliance schedule:
(1) When the City finds that a user has violated, or continues to violate, any provision of this chapter, an administrative order or order issued hereunder, or any other pretreatment standard or requirement, the City may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be disconnected unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance schedules may also 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 schedule may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance schedule 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.
(2) The schedule shall contain increments of progress in the form of milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required or the user to meet the applicable pretreatment standards, for example, hiring an engineer, completing preliminary plans, completing final plans, executing contracts for major components, commencing construction, completing construction, etc. and/or all steps to be taken to achieve compliance.
(3) No increment referred to in subsection (b)(1) hereof shall exceed nine (9) months.
(4) No later than fourteen days following each milestone date in the schedule and the final date for compliance, the user shall submit a progress report to the Director, as a minimum, whether or not it complied with the increment of progress to be met on such milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return the construction to the schedule established.
(5) In no event shall more than nine (9) months elapse between such progress reports to the Superintendent.
The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment.
(c) Any discharger or interested party shall have the right to request, in writing, an interpretation or ruling by the City on any matter covered by this chapter and shall be entitled to a prompt written reply. In the event that such an inquiry is made by a discharger and deals with matters of compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of a discharger's request shall stay all enforcement proceedings pending receipt of the aforesaid written reply.