§ 5-4.08 COMPLIANCE PROCEDURES FOR A SIGNIFICANT NONCOMPLIANCE USER.
   (A)   Background study and review. The background of the company, including flow, type, and adequacy of the pretreatment system and previous enforcement information will be studied and reviewed by the Director of Public Works and staff, then formally summarized.
   (B)   Issuance of a mandatory compliance meeting notice. Within ten days from completion of the background review and evaluation, § 5-4.08(A), the Director of Public Works will notify the company by letter of a mandatory compliance meeting to be held within 20 days from the issuance of the letter.
   (C)   Detailed inspection. A detailed inspection of the industry will be conducted by the Director of Public Works, the Wastewater Treatment Plant Supervisor or an assigned engineer, and the staff member assigned to make industrial waste inspections to investigate the cause of noncompliance. The inspection will be performed prior to conducting the compliance meeting.
   (D)   Mandatory compliance meeting. A compliance meeting will be conducted between city staff (Director of Public Works, the Wastewater Treatment Plant Supervisor and/or assigned engineer, and the person assigned to make industrial waste inspections) and the company's managerial staff. During the meeting, findings of the detailed inspection (§ 5-4.08(C)) and possible causes of noncompliance will be discussed. In addition, requirements for compliance will be set forth for implementation by the company.
   (E)   Issuance of mandatory compliance requirement letter. Following the compliance meeting, the Director of Public Works will send a letter requiring a compliance proposal from the company. The Director's proposal shall be due within 30 days after mailing of the letter and may be required to include such items as wastewater characterization study, drawings for spill containment, manufacturing processes, treatment processes, additional pretreatment equipment, etc.
   (F)   Submitted compliance proposal evaluation. The compliance proposal submitted by the company will be evaluated by the Director of Public Works and staff. If the company can demonstrate satisfactorily that it will achieve constant compliance through a 60-day implementation period, issuance of an enforcement compliance schedule agreement (ECSA) will not be necessary. This will be ascertained through multiday and/or additional routine sampling. If the multiday sampling indicates noncompliance with discharge requirements, further corrective actions will be necessary to bring the company into compliance and issuance of an ECSA will be required.
   (G)   Issuance of ECSA. The ECSA will be issued within 15 days after determination is made that additional corrective actions are necessary to bring the company into compliance. The previous evaluation conducted by city staff will be used to determine the terms of the compliance schedule.
   (H)   Compliance with terms of an ECSA.
      (1)   If a company has completed the terms of its ECSA and multiday sampling results indicate compliance with permit limitations, the company will be placed on (or returned to) a routine sampling to assure continued discharge compliance. If multiday sampling indicates noncompliance, a cease and desist order will be immediately issued by the Director of Public Works, and a permit revocation hearing will be scheduled within five days.
      (2)   The Director of Public Works will respond to the company in writing within 15 days of the hearing giving the results and his or her decision. If the decision is to revoke the permit, the Director will immediately order disconnection from the sewer system in accordance with § 5-4.06(B). The Director may, at any time or at any point in the enforcement proceedings, require implementation of any of the remedies provided for in this municipal code including, but not limited to, disconnection from the sewer system. The Director may also suspend the proceedings at any time during the process if it is proven that the industry has achieved continual compliance.
   (I)   Enforcement of other violations.
      (1)   When an industry has not submitted self-monitoring reports by 15 days after the due date, the Director will issue a compliance letter within a 30-day deadline. If the company fails to submit the report or furnish proof that they have submitted samples to their lab within 30 days from the mailing of the letter, then the Director will schedule a permit revocation hearing within five days.
      (2)   The Director shall immediately schedule permit revocation hearings for any industrial user who willfully fails to report significant changes in operations or wastewater constituents and characteristics, or who fails to factually report the wastewater constituents and characteristics of his or her discharge, or who knowingly falsifies information or tampers with equipment, or who refuses reasonable access to the user's premises for the purpose of inspection or monitoring. The Director may also cause legal staff to file court action to seek civil and/or criminal penalties.
(Ord. 895 C.S., passed 3-21-12)