(A) Any person who, after receiving a notice of violation, continues to discharge in violation of this chapter or other pretreatment standards or requirements or is determined to be a chronic or persistent offender or who is determined to be a significant offender shall be ordered to appear before the JSEWD. At the appearance, a compliance schedule will be given to such person and a civil penalty may be assessed. The fine shall be determined on a case-by-case basis which shall consider the type and severity of violations, duration of violation, number of violations, severity of impact on the POTW, impact on human health, the offender’s economic benefit from violation, history of violations, and good faith of the offender and shall be a non-arbitrary but appropriate amount.
(B) The administrative order may take any of the following 3 forms:
(1) Consent orders. The JSEWD is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. These orders will include specific action to be taken by the offender to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as orders issued pursuant to division (B)(3) below.
(2) Compliance orders. When the JSEWD finds that a person has violated or continues to violate the chapter or a permit or order issued thereunder, it may issue an order to the offender 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 have been installed and are properly operated. Orders may also contain 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.
(3) Cease and desist orders.
(a) When the JSEWD finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the JSEWD may issue an order to cease and desist all these violations and direct those persons in noncompliance to:
1. Comply forthwith; or
2. Take appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(b) Cease and desist orders may be issued by the JSEWD or its staff without notice and prior hearing as required above.
(Ord. passed 10-4-2005; Am. Ord. passed 8-3-2010) Penalty, see § 51.99