16.09.245   Enforcement: Notice of noncompliance.
   (a)   Unless the superintendent finds that the severity of the violation warrants immediate action under Sections 16.09.255, 16.09.265 or 16.09.270 or permit revocation or suspension, he or she shall issue a notice of noncompliance which:
   (1)   Enumerates the violations found; and
   (2)   Orders compliance by a certain date.
   If the violations are not abated in the time period identified further action may be taken by the superintendent, including, but not limited to, suspension, revocation or modification of the discharger's permit pursuant to Section 16.09.095.
   (b)   Subject to the following limitations, and in addition to the provisions of subsection (a), the superintendent may require a discharger that has violated any discharge limits contained in this chapter to install a temporary system for the capture, testing and release of wastewater:
   (1)   The requirement will apply to facilities that have produced multiple violations for the same parameter at the same sampling point, when the superintendent determines that appropriate corrective measures have proved difficult to identify or implement.
   (2)   The requirement will apply only to those specific areas of a facility from which the superintendent determines that the discharge may be originating, rather than to the entire flow from the facility, unless there is no reasonable way to determine where the discharge may be originating.
   (3)   The requirement will not be applied when the superintendent determines that a capture system is impractical. If the superintendent determines that a capture system is impractical, the superintendent may require an alternative compliance measure of equivalent effectiveness.
   (4)   The requirement will be terminated following a demonstration of compliance as determined by the superintendent. The sampling required to demonstrate compliance for violations of discharge limits shall be set by the superintendent and may be up to twenty-one consecutive, violation-free calendar days of sampling by the discharger followed by up to four days of violation-free sampling by the superintendent.
(Ord. 5084 § 2 (part), 2010)