(A) The Manager may enter into consent orders, assurances of voluntary compliance, or other similar agreements with an industrial user responsible for noncompliance to ensure a return to compliance. Such orders will include specific actions to be taken by the user to abate the noncompliance within a specified time period. Such orders may also stipulate damages or administrative fines to be paid by the user.
(B) Nothing in this section shall prohibit the Manager from taking immediate action to remedy any violation of this chapter when there is reason to believe that the existence of a violation presents a serious threat to the public health, safety, and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible. The Manager also may order any industrial user which causes or contributes to a violation of this chapter, or of a permit or order hereunder, to appear at a meeting to show cause why a proposed enforcement action should not be taken. The notice of any such meeting will be served personally or by certified mail (return receipt requested) at least ten (10) days before the date of the meeting. Such notice may be served on any user or on its authorized agent. Whether or not a duly notified user appears as noticed, immediate enforcement action may be pursued.
(C) Notwithstanding any other provisions herein, whenever the Manager finds that any person is causing, engaging in or maintaining a condition or activity which, in its judgment presents a danger to the health or welfare of the public, the POTW facilities, or the environment, or will cause interference with the POTW or cause the Commission to violate any condition of its KPDES, the Manager may, without prior hearing, order such person, in writing, to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity. As soon as reasonably possible thereafter, the Commission shall provide the person an opportunity to be heard and to present evidence that such condition or activity does not violate the provisions of this chapter.
(Ord. 2001-12-06, passed 12-6-01)