(a) Consent Orders. The Director is hereby empowered to enter into consent orders, assurances of voluntary compliance or other documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders shall include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as adminsitrative orders issued pursuant to subsection (b) hereof.
(b) Compliance Orders. Where additional pretreatment and/or operation and maintenance activities will be required to comply with all applicable pretreatment standards, the discharger shall provide the shortest schedule by which the discharger will provide such additional pretreatment and/or implementation of additional operational and maintenance activities. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions shall apply to this schedule:
(1) The schedule shall contain milestone dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the discharger to comply with the requirements of this chapter including, but not limited to, dates relating to hiring an engineer, hiring other appropriate personnel, completing preliminary plans, completing final plans, executing a contract for major components, commencing construction, completing construction and all other acts necessary to achieve compliance with this chapter.
(2) Under no circumstances shall the Director permit a time increment for any single step directed toward compliance which exceeds nine months.
(3) Not later than fourteen days following each milestone date in the schedule and the final date for compliance, the discharger shall submit a progress report to the Director, including no less than a statement as to whether or not it complied with the increment of progress represented by that milestone date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the discharger to return the construction to the approved schedule. In no event shall more than one month elapse between such progress reports to the Director.
(c) Show Cause Hearing.
(1) Hearing: The City may order any discharger who causes or allows an unauthorized discharge to enter the POTW to show cause before the City by means of established administrative appeal procedures why the proposed enforcement action should not be taken. A written notice shall be served on the discharger specifying the time and place of a hearing to be held by the City regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the discharger to show cause before the City why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of the corporation;
(2) Hearing conduct: The City shall conduct the hearing and:
A. Issue notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
B. Take the evidence;
C. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to Council;
(3) Hearing transcript: The transcript, so recorded shall be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof;
(4) Hearing findings: After the City has reviewed the evidence, it may issue an order to the discharger responsible for the discharge directing that the sewer service be discontinued immediately unless adequate treatment facilities, devices or other related appurtenances are installed or existing treatment facilities, devices or other related appurtenances are property operated. Further orders and directives as are necessary and appropriate may be issued.
(d) Cease and Desist Orders. When the City finds that a discharger has violated or continues to violate this chapter or any permit or order issued hereunder, the Director 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 preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(Ord. 107-1991. Passed 6-24-91.)