§ 54.081 CONSENT ORDERS.

   The Town Manager may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for non-compliance. Such documents will include specific action to be taken by the user to correct the non-compliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 54.083 and 54.084 of this chapter and shall be judicially enforceable.

(Prior Code, § 155.10.2)

§ 54.082 SHOW CAUSE HEARING.

   The Town Manager may order a user which has violated, or continues to violate, any provision of this code, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, to appear before the Town Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 14 days prior to the hearing. 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.

(Prior Code, § 155.10.3)

§ 54.083 COMPLIANCE ORDERS.

   When the Town Manager finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Town Manager 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 discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the non-compliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order 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.

(Prior Code, § 155.10.4)

§ 54.084 CEASE AND DESIST ORDERS.

   (A)   When the Town Manager finds that a user has violated, or continues to violate, any provision of this code, a 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 Town Manager 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)   Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Prior Code, § 155.10.5)