(A) When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, an individual or general 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 Superintendent 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.
(B) A cease and desist order may be issued immediately upon discovery of noncompliance, or following a hearing. In an emergency, the Superintendent may issue a cease and desist order to a user by verbal communication, electronic mail correspondence, or facsimile transmittal; provided that a written cease and desist order is subsequently issued and served upon the user in person or via certified mail with return receipt requested. In non-emergency situations, the Superintendent shall issue and serve the written cease and desist order upon the user in person or via certified mail with return receipt requested.
(C) The Superintendent, at his or her sole discretion, may issue a cease and desist order to effect the immediate cessation of a user’s discharge to the collection system regardless of the user’s compliance status if such action is necessary for the following reasons:
(1) To prevent or halt:
(a) The occurrence of sanitary sewer overflows; or
(b) The occurrence of combined sewer overflows; or
(c) The occurrence of other hydraulic overloading of the POTWs wastewater collection system or wastewater treatment facility; or
(d) The occurrence of other negative impact to the POTW, the receiving stream, or the environment.
(2) To implement an emergency suspension in accordance with § 55.246.
(D) The Superintendent, at his or her discretion, may use a cease and desist order as a means of suspending or permanently revoking an individual or general wastewater discharge permit.
(E) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 6619, passed 1-28-13)