(a) Notification of Violation. When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may serve upon that user a written notice of violation. Within the time specified in the 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 Superintendent. Submission of this 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 Superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(b) Consent Orders. The Superintendent may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will 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 Section 1046.11(d) and (e) and shall be judicially enforceable.
(c) Show Cause Hearing. The Superintendent may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the hearing panel 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 hearing, 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 hearing shall be served personally or by registered or certified mail (return receipt requested) at least thirty days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(d) Compliance Orders. When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided and the order requiring such compliance is final and effective, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to restrict the amount of pollutants discharged to the sewer. Issuance of a compliance order shall not necessarily be a bar against, or a prerequisite for, taking any other action against the user.
(e) Cease and Desist Orders. After exhausting all other remedies and enforcement methods, when the Superintendent finds that a user continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Superintendent may issue an order to the user directing it to cease and desist all such violations, and directing the user to:
(1) Immediately comply with all requirements; and
(2) 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 necessarily be a bar against, or a prerequisite for, taking any other action against the user.
(f) Emergency Suspensions. If no other remedy or enforcement method is adequate, the Superintendent may immediately suspend a user's discharge, after written 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 and substantial endangerment to health and safety of persons. The Superintendent may also immediately suspend a user's discharge, after written notice and informal opportunity to respond, that will cause interference or pass-through or which presents an imminent and substantial endangerment to the environment.
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 Superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection.
A user that is subjected to a suspension of its discharge under this section shall submit a detailed written statement, describing the causes of the imminent and substantial endangerment or the interference or pass-through condition and the measures taken to prevent any future occurrence.
The Superintendent may allow the user to recommence its discharge when the imminent and substantial endangerment or the interference or pass-through condition has passed, unless the termination proceedings in subsection (g) hereof are initiated against the user.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(g) Termination of Discharge. Any user whose discharge permit has been revoked under subsection (f) hereof or who violates the following conditions is subject to discharge termination:
(1) Violation of wastewater discharge permit conditions;
(2) Failure to reasonably report the wastewater constituents and characteristics of its discharge;
(3) Failure to report significant changes as required by Section 1046.07(a)(11);
(4) Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
(5) Violation of the pretreatment standards in Section 1046.04. Such user will be notified in writing of the reason for the proposed termination of its discharge and be offered an opportunity to show cause under subsection (c) hereof why the proposed action should not be taken. Exercise of this option by the Superintendent shall not necessarily be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 22C. Passed 4-15-96.)