§ 51.140  ENFORCEMENT REMEDIES.
   (A)   Generally. When a violation of this chapter, industrial user permit, order or compliance schedule is not corrected in a timely manner, or when, in the opinion of the Authority, any discharge presents or may present an endangerment to the environment or threatens to interfere with the operation of the POTW, the Authority shall have recourse to the administrative enforcement remedies set forth below.
   (B)   Notification of violation. Whenever the POTW finds that any industrial user has violated or is violating this chapter, or industrial user discharge permit, or order issued hereunder, the Manager or his or her agent may serve upon the user written notice of the violation. Within ten days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific requirement actions, shall be submitted to the Manager. Submission of this plan in no way relieves the user of liability for any violations for any violations occurring before or after receipt of the notice of violation.
   (C)   Consent orders. The Manager 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 noncompliance. These orders will include compliance schedules, stipulated fines or remedial actions, and signatures of the Manager and industry representatives. Consent orders shall have the same force and effect as administrative orders issued pursuant to division (E) of this section.
   (D)   Show cause order. The Manager may order any user which causes or contributes to violation of this chapter, industrial user discharge permit, or order issued hereunder, to show cause why a proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. The notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified industrial user appears as noticed, enforcement action may be pursued as appropriate.
   (E)   Compliance order. When the Manager finds that an industrial user has violated or continues to violate this chapter, an industrial user discharge permit or order issued thereunder, he or she 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 have been installed and are properly operated, and compliance is achieved. Orders may also contain such other requirements as might be reasonable, necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
   (F)   Cease and desist orders. When the Manager finds that an industrial user has violated or continues to violate this chapter or any permit or order issued hereunder, the Manager may issue an order to cease and desist all illegal or unauthorized discharges immediately.
      (1)   In an emergency, the order to cease and desist may be given by telephone.
      (2)   In non-emergency situations, the cease and desist order may be used to suspend or permanently revoke industrial user discharge permits.
      (3)   The cease and desist order may order the industrial user to take the appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
   (G)   Administrative fines. Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, or permits and orders issued hereunder, shall be fined in an amount not to exceed $500 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. The assessments may be added to the user’s next scheduled sewer service charge and the Manager shall have such other collection remedies, as he or she has, to collect other service charges. Unpaid charges, fines and penalties shall constitute a lien against the individual user’s property. Industrial users desiring to dispute the fines must file a request for the Manager to reconsider the fine within ten days of being notified of the fine. Where the Manager believes a request has merit, he or she shall convene a hearing on the matter within 15 days of receiving the request from the industrial user.
   (H)   Emergency suspensions.
      (1)   The Manager may suspend the wastewater treatment service and industrial user discharge permit of an industrial user whenever the suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW, or the environment.
      (2)   Any user notified of a suspension of the wastewater treatment service and the industrial user discharge permit shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Manager shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Manager shall allow the user to recommence its discharge when the endangerment has passed unless the termination proceedings set forth in division (I) below are initiated against the user.
      (3)   An industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Manager prior to the date of the hearing described in division (H)(2) above.
   (I)   Termination of permit.
      (1)   Significant industrial users proposing to discharge into the POTW must first obtain an industrial user discharge permit from the Control Authority. Any user who violates any one of the following conditions of this chapter or an industrial user discharge permit or order, or any applicable or state and federal law, is subject to termination:
         (a)   Violation of industrial user discharge permit conditions;
         (b)   Failure to accurately report the wastewater constituents and characteristics of its discharge;
         (c)   Failure to report significant changes in operations or wastewater constituents and characteristics; or
         (d)   Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling.
      (2)   Noncompliant industrial users will be notified of the proposed termination of their industrial user discharge permit and be offered an opportunity to show cause under division (D) above why the proposed action should not be taken.
(Ord. passed 4-24-1995)  Penalty, see § 51.999