(A) Notification of violation. Whenever the Mayor finds that any user has violated or is violating this chapter, or a wastewater permit or order issued hereunder, the Mayor or his agent may serve upon the user written notice of the violation. Within ten (10) days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Mayor. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.
(B) Consent orders. The Mayor is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to division (D) below.
(C) Show cause hearing. The Mayor may order any user which causes or contributes to violation of this chapter or wastewater permit or order issued hereunder, to show cause why a 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 and the reasons for such action, and a request that the user show cause why this 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. The notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified user appears as noticed, immediate enforcement action may be pursued.
(D) Compliance order. When the Mayor finds that a user has violated or continues to violate this chapter or a permit or order issued hereunder, he may issue an order to the 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 noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
(E) Cease and desist orders. When the Mayor finds that a user has violated or continues to violate this chapter or any permit or order issued hereunder, the Mayor may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
(1) Comply forthwith.
(2) 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.
(F) Administrative fines. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, any user who is found to have violated any provision of this chapter, or permits and orders issued hereunder, shall be fined in an amount of at least one thousand dollars ($1,000.00) per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge and the Mayor shall have such other collection remedies as he has to collect other service charges. Unpaid charges, fines, and penalties shall constitute a lien against the individual user's property. Users desiring to dispute such fines must file a request for the mayor to reconsider the fine within ten (10) days of being notified of the fine. When the Mayor believes a request has merit, he shall convene a hearing on the matter within fifteen (15) days of receiving the request from the user.
(G) Termination of permit.
(1) Users proposing to discharge into the POTW must first obtain a wastewater discharge permit from the control authority. Any user who violates the following conditions of this chapter or a wastewater discharge permit or order, or any applicable or state and federal law, is subject to termination of permits and/or sewer service:
(a) Violation of permit conditions.
(b) Failure to accurately report the wastewater constituents and characteristics of its discharge.
(c) Failure to report significant changes in operations or wastewater constituents and characteristics.
(d) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling.
(2) Noncompliant users will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under division (C) above why the proposed action should not be taken.
(Ord. passed 8-19-91)