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When the Board finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement, the Board may serve upon that user a written notice of violation. Within ten 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 Board. 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 Board to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(Ord. 9-2016, passed 6-7-2016)
The Board 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 §§ 52.173 and 52.174 and shall be judicially enforceable.
(Ord. 9-2016, passed 6-7-2016)
The Board may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Board 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 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in § 52.004 and required by § 52.066(A). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(Ord. 9-2016, passed 6-7-2016)
When the Board finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement, the Board may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. 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. If the user does not come into compliance within the time provided, sewer service may be discontinued.
(Ord. 9-2016, passed 6-7-2016)
When the Board finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Board may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(A) Immediately comply with all requirements; and
(B) 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.
(Ord. 9-2016, passed 6-7-2016)
(A) When the Board finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, other control document, or order issued hereunder, or any other pretreatment standard or requirement, a fine may be assessed in accordance with Board policy. The amount of the fine may be determined on an individual basis at the Board's discretion and in an amount not to exceed the maximum fine allowed under state law. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. Administrative fines are punitive in nature and are assessed to recapture the full or partial economic benefit of noncompliance and to deter future violations.
(B) Unpaid charges, fines, and penalties shall be assessed in accordance with current Board policy. A lien against the user's property shall be sought for unpaid charges, fines, and penalties.
(C) Users desiring to dispute such fines must file a written request for the Board to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Where a request has merit, the Board may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Board may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(D) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 9-2016, passed 6-7-2016)
(A) The Board 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 endangermentto the health or welfare of persons. The Board 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 Board may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Board may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Board that the period of endangerment has passed, unless the termination proceedings in § 52.176 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 Board prior to the date of any show cause or termination hearing under §§ 52.172 or 52.176.
(B) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ord. 9-2016, passed 6-7-2016)
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