(a) Notification of Violation. When the Superintendent finds that a User has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the Superintendent may serve upon that User a written Notice of Violation. Within seven (7) days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the User to the Superintendent. Submission of such a plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the Superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
(b) Consent Orders. The Superintendent may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any User responsible for noncompliance. Such documents shall include specific action to be taken by the User to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Section 1068.10(d) and (e) of this Chapter and shall be judicially enforceable.
(c) Show Cause Hearing.
(1) The Superintendent may order a User which has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Superintendent 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 ten (10) days prior to the hearing. Such notice may be served on any Authorized Representative of the User as defined in Section 1068.01
(d)(3) and required by Section 1068.04
(g)(1). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User.
(2) Conduct. The Board of Directors of the Sanitation Authority may itself conduct the hearing and take the evidence or may designate any of its members or any of its officers or employees to:
A. Issue, in the name of the governing body, notice of the hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing;
B. Take the evidence; or
C. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the governing body for action thereon.
(3) Records. At any hearing held pursuant to this Chapter, testimony taken shall be under oath and recorded. The transcript, so recorded, will be made available to any member of the public or to any party to the hearing upon payment of a reasonable charge.
(d) Compliance Orders. After the governing body has concluded the hearing or reviewed the report and recommendations referred to in paragraph (c)(2)C. hereof, it may issue an order to the User responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed on existing treatment facilities, and such devices or other related appurtenances are properly operated. Compliance orders also may contain other requirements to address the noncompliance, 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.
(e) Cease and Desist Orders. When the Superintendent finds that a User has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, or a general 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. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the User.
(f) Emergency Suspensions. The Superintendent may immediately suspend a User's discharge, after informal notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent may also immediately suspend a User's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
(1) Any User notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a User's failure to immediately comply voluntarily with the suspension order, the Superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, and/or water service suspension to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Superintendent may allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in Section 1068.10
(g) of this Chapter are initiated against the User.
(2) A User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Superintendent within fifteen (15) days of the occurrence and prior to the date of any show cause or termination hearing under Sections 1068.10
(c) or (g) of this Chapter.
(3) Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency Suspension.
(g) Termination of Discharge. In addition to the provisions in Section 1068.05(g) of this Chapter, any User who violates the following conditions is subject to discharge termination:
(1) A violation of any of the provisions of this Chapter;
(2) A violation of any provision of any written implementation procedure established by the Superintendent pursuant to Section 1068.02(a) of this Chapter;
(3) The discharge of any substance into the publicly owned treatment works (POTW) without first obtaining any necessary permit;
(4) Violation of individual wastewater discharge permit or general permit conditions;
(5) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(6) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(7) Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling; or
Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 1068.10(c) of this Chapter why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the User.
(Ord. 14-03. Passed 3-5-14.)