(a) In addition to all other enforcement powers set forth in this chapter, the commissioner of public works or the director, division of sanitary sewers, may take enforcement steps as set forth in this section against users in noncompliance with this chapter. All violations of the requirements of sections 16-42 through 16-46 shall be reviewed by the director, division of sanitary sewers. The director shall notify the industrial user when a violation occurs. The director shall receive an explanation for all violations and, as appropriate, a plan from the industrial user to correct the violation within a specified time period. If the violation persists or the explanation and/or plan are not adequate, the director's response shall be more formal; and commitments or schedules, as appropriate, for compliance will be established in an enforceable document. The enforcement response selected will be escalated if compliance is not achieved expeditiously after initial action. A significant violation will require a formal enforcement action. A range of enforcement responses are established in the urban county government's pretreatment program enforcement response plan.
(b) Enforcement response steps shall include:
(1) Informal notice: These actions include statements made to the industrial user during sampling and/or inspection visits, telephone calls to the industrial user, informal meetings, warnings or reminder letters. Informal notices shall be used for minor violations, and the communication shall indicate to the user that the action constitutes an informal notice.
(2) Formal notice: These actions shall include:
(a) Notice of violation: Any person found to be violating any provision of sections 16-42 through 16-46, any provision of a wastewater discharge permit, or any order issued under this section, shall be served by the director, division of sanitary sewers, with a written notice stating the nature of the violation.
(b) Administrative orders: Any person who, after receiving a notice of violation, shall continue to discharge in violation of sections 16-42 through 16-46, or other pretreatment standards or requirements or is determined to be a chronic or persistent violator, shall be ordered to appear before the director, division of sanitary sewers. At said appearance a compliance schedule will be given to the violating user. Administrative orders may take the following forms:
(i) Consent order: The director, division of sanitary sewers, 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 noncompliance. Such order will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified in the order. Consent orders shall have the same force and effect as all other administrative orders.
(ii) Compliance order: When the director, division of sanitary sewers, finds that an industrial user has violated any provision of sections 16-42 through 16-46, or any other permit condition or order issued under this section, an order may be issued to the industrial user responsible for the noncompliance. Such order will direct specific action to be taken by the industrial user to correct the noncompliance and establish a time period for such correction. Orders may also contain such other requirements reasonably necessary and appropriate to address the noncompliance, including installation of pretreatment technology, additional self-monitoring and management practices.
(iii) Cease and desist order: When the director, division of sanitary sewers, finds that an industrial user has violated or continues to violate sections 16-42 through 16-46 or any permit or order issued hereunder, the director may issue an order to cease and desist all such violations to the user and direct those persons in noncompliance to comply forthwith and/or 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.
(iv) Show-cause hearing. The commissioner of public works or director, division of sanitary sewers, may issue to any user who causes or contributes to a violation of sections 16-42 through 16-46 or any discharge permit or order issued hereunder, an order to appear and show cause why a more severe enforcement action should not be taken. A notice shall be served on the user specifying the time and place of the hearing to be held by the commissioner of public works regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the commissioner of public works why more severe enforcement action should not be taken. Notice of the hearing shall be given to the discharger at least ten (10) days prior to the date of the hearing.
(Ord. No. 234-91, § 9, 11-14-91)