§ 51.095 REGULATORY ACTIONS.
   It is unlawful for any user to discharge into the city's sewer system any wastewater not in compliance with this chapter. If wastewater containing excess concentrations of a substance or a prohibited substance in this chapter is discharged or proposed to be discharged to the city's sewer system, the Director, City Manager, and City Attorney are authorized to take the steps as needed to prevent or curtail the discharge (see 40 CFR § 403.8(f)(1)(i)). Without limitation, the actions may include:
   (A)   Prohibiting the discharge of the actual wastewater;
   (B)   Requiring the discharger to demonstrate that the in-plant modifications would either reduce or eliminate the discharge in conformance with the prohibitions, limitations and/or requirements of this chapter;
   (C)   Requiring pretreatment to reduce, eliminate or alter the nature of the pollutants to a less harmful state before their discharge into the city's sewer system;
   (D)   Requiring the person making, causing or allowing the discharge to pay noncompliance penalties.
   (E)   Implementing any other remedial action as may be deemed necessary to achieving the purpose and requirements of this chapter.
   (F)   The following conditions must apply to any compliance schedule required by this chapter or the control authority:
      (1)   The schedule must contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards (such events include, without limitation, hiring an engineer, completing preliminary and final plans, executing contracts for major components, commencing and completing construction, beginning and conducting routine operation);
      (2)   No increment referred to above must exceed nine months;
      (3)   The user must submit a progress report to the control authority no later than 14 days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established schedule; and
      (4)   In no event must more than nine months elapse between such progress reports to the control authority.
      (5)   No compliance schedule must exceed 18 months.
(Ord. 1093, passed 2-17-04) Penalty, see § 51.999