(A) Any user who after receiving a notice of violation shall continue to discharge in violation of this chapter or other pretreatment standards or requirements or is determined to be in significant noncompliance, shall be ordered to appear before the General Superintendent. At the appearance, a compliance schedule will be given to the noncompliant user and an administrative fine assessed. The fine shall be determined on a case-by-case basis which shall consider the type and severity of violations, duration of violations, number of violations, severity of impact on the POTW, impact on human health, users economic benefit from the violations, history of violations, good faith of the user, and shall be a non-arbitrary but appropriate amount.
(B) Users desiring to dispute such fines shall file with the General Superintendent a request for the Morehead Utility Plant Board to reconsider the fine. This appeal must be filed within ten (10) days of the date of being notified of the fine. The Morehead Utility Plant Board shall convene a hearing on the matter within fifteen (15) days of receiving such a request from the user. The decision of the Morehead Utility Plant Board shall be final.
(C) The administrative order may take any of the following three forms.
(1) Consent orders. The General Superintendent or his designee is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the non-compliance. The orders will include specific actions 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 orders issued pursuant to § 52.92.
(2) Compliance Orders. When the General Superintendent or his designee finds that a user has violated or continues to violate the chapter or a permit or order issued thereunder, he may issue an order to the industrial 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 and equipment have been installed and are properly operated. Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the non-compliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
(3) Cease and Desist Orders. When the General Superintendent finds that a user has violated or continues to violate this chapter or any permit or order issued hereunder, the General Superintendent may issue an order to cease and desist all such violations and direct the user in non-compliance to:
(a) comply forthwith, or
(b) 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.
(Ord. 14:95, passed 5-25-95; Am. Ord. 5:96, passed 3-12-96)