(A) Voluntary program. Should an IU present to the director, at any time prior to being required to do so, information, data, plans, schedules and the like relating to a proposed procedure for the prevention of discharges in violation of the provisions of this chapter, the director may receive such material and initiate procedures for the preparation of an agreement under division (C). The presentation of material to the director, the acceptance of such material by the director or commencement of procedures for the issuance of an agreement shall not prevent the director from issuing any notice of violation under division (B), nor does it exempt any IU from the provisions of this chapter. An IU-initiated voluntary program meets the definition of "good faith effort."
(B) Notification of violation. Whenever the director finds that any IU has violated or is violating a provision of this chapter, any order or permit issued under this chapter, or any other pretreatment standard or requirement, the director may serve upon the IU a written notice of violation. Within ten calendar days of the receipt 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 director. Submission of this plan in no way relieves the IU 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 director to take emergency action without first issuing a notice of violation.
(C) Agreements. The director is hereby empowered to enter into agreements, assurances of voluntary compliance or other similar documents establishing an agreement with the IU responsible for noncompliance. Such agreements include specific action to be taken by the IU to correct the noncompliance within a time period also specified by the agreement. Agreements shall have the same force and effect as administrative orders issued pursuant to divisions (E) and (F) and shall be judicially enforceable.
(D) Show cause hearing. The city may order any IU that causes or contributes to a violation of any provision of this chapter, any order or permit issued under this chapter or any other pretreatment standard or requirement to appear before the director and show cause why a proposed enforcement action should not be taken. Notice shall be served on the IU specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action and a request that the IU 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 calendar days prior to the meeting. Such notice may be served on any authorized representative of the IU. Whether or not the IU appears as noticed, immediate enforcement action may be pursued following the meeting date. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the IU.
(E) Compliance orders. When the director finds that an IU has violated or is violating any provision of this chapter, any order or permit issued under this chapter or any other pretreatment standard or requirement, he may issue an order to the IU 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 are installed and properly operated. Compliance orders may also contain such other requirements as might be reasonable necessary and appropriate to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the WWF. Furthermore, the director may continue to require such additional self-monitoring for at least 90 calendar days after consistent compliance has been achieved, after which time the self-monitoring conditions in the discharge permit shall control. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the IU 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 IU.
(F) Cease and desist orders.
(1) When the director finds that an IU has violated or is violating any provision of this chapter, any order or permit issued under this chapter or any other pretreatment standard or requirement, the director may issue an order to the IU to cease and desist any and all such violations and direct the IU to:
(a) Immediately comply with all requirements; and
(b) Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(2) Such IU shall be notified of the director's remedial or preventive action and be offered an opportunity to show cause under division (D) why the proposed action should not be taken.
(3) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the IU.
(G) Emergency suspensions.
(1) The director or his/her designee shall have authority to immediately suspend the wastewater discharge permit of an IU for a period not to exceed 30 calendar days whenever such suspension is necessary to stop an actual or threatened discharge that reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons, interferes with the operation of the treatment plant or which presents or may present an endangerment to the environment.
(2) In accordance with 62-625.500(2) (a)5.b, F.A.C, the director or his/her designee shall have authority and procedures to immediately and effectively halt any discharge to the WWF which endangers public health or welfare or which threatens to interfere with the operation of the WWF. Notice shall be provided to the IU prior to such action. If public health or welfare are not endangered, the IU shall be given an opportunity to respond to the notice. Any IU notified of a suspension of its wastewater discharge permit shall immediately terminate or eliminate its contribution. In the event of an IU's failure to immediately comply with the suspension order, the director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the treatment plant, its receiving stream or endangerment to any individuals. The director shall allow the IU to recommence its discharge when the IU has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless termination or revocation proceedings pursuant to this chapter are initiated against the IU.
(3) An IU that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement to the director describing the causes of the harmful contribution and the measures taken to prevent any future occurrence prior to the date of any show cause or injunctive relief hearing under division (D) and § 54.04, respectively.
(H) (1) Termination of service. In addition to the provisions in § 54.09(G), any IU who violates the following conditions is subject to discharge termination:
(a) Violation of wastewater discharge 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 volume, constituents, and characteristics prior to discharge;
(d) Refusal of reasonable access to the IU's premises for the purpose of inspection, monitoring or sampling; or
(e) Violation of the pretreatment standards in this chapter.
(2) Such IU will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under division (D) why the proposed action should not be taken. Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any other action against the IU.
(I) Administrative fines. The City Council, upon recommendation by the Public Works Director, may impose administrative fines upon non-compliant IUs. An administrative fine is a monetary penalty assessed by the control authority for violations of pretreatment standards and requirements. These fines are punitive in nature and are not related to a specific cost borne by the county. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the IU.
(Ord. 679, passed 9-26-2017)