(A) Any user who after receiving a Notice of Violation shall continue to discharge in violation of this chapter or other pretreatment standards or requirements or is determined to be a chronic or persistent violator or who is determined to be a significant violator, shall be ordered to appear before the city. At said appearance, a compliance schedule will be given to the non-conforming user and an administrative fine assessed. The fine shall be determined on a case-by-case basis which shall consider the type and severity of violations, duration of violations, number of violations, severity of impact on the POTW, impact on human health, users economic benefit from violation, history of violations, good faith of the user, and shall be a non-arbitrary but appropriate amount.
(B) The administrative order may take any of the following three forms.
(1) Consent orders. The Public Works Director or their designee 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 non-compliance. Such orders will include specific action to be taken by the industrial user to correct the non-compliance within a time period also specified by the order. Consent Orders shall have the same force and effect as orders issued pursuant to § 51.137(B)(2) below.
(2) Compliance Orders. When the Public Works Director or their designee finds that an industrial user has violated or continues to violate the chapter or a permit or order issued thereunder, he may issue an order to the industrial user 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 such other requirements as might be reasonably necessary and appropriate to address the non-compliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
(3) Cease and Desist Orders. When the Public Works Director finds that an industrial user has violated or continues to violate this chapter or any permit or order issued hereunder, the Public Works Director may issue an order to cease and desist all such violations and direct those persons in non-compliance to: a) comply forthwith, or b) take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(Ord. 1991-7, 8-12-91; Am. Ord. 1999-10, passed 8-12-99) Penalty, see § 51.199
Cross reference:
Notice of violation; orders, see App. B