(A) Any user discharging in violation of this chapter or other pretreatment standards or requirements or is determined to be a chronic or persistent violator or who is determined to be in significant non- compliance, shall be ordered to appear before the city. At said appearance, an administrative order may be given to the non-conforming user and an administrative fine assessed. The fine shall be determined on a case-by-case basis but consistent with the enforcement response plan. The Pretreatment Coordinator shall consider the type and severity of violations, duration of violation, number of violations, severity of impact on the POTW, impact on human health, users economic benefit from violation, history of violations, good faith of the user and shall be a non-arbitrary, but appropriate, amount.
(B) The administrative order may take any of the following three forms:
(1) Consent orders. The Pretreatment Coordinator, or his or her designee, 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 non-compliance. Such orders will include specific action to be taken by the industrial user to correct the non-compliance within a time period also specified by the order. Consent orders shall have the same force and effect as orders issued pursuant to § 52.149 of this chapter.
(2) Compliance orders. When the Pretreatment Coordinator, or his or her designee, finds that an industrial user has violated or continues to violate the ordinance or a permit or order issued hereunder, 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. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the non-compliance, including the installation of pretreatment technology, additional monitoring and best management practices.
(3) Cease and desist orders. When the Pretreatment Coordinator finds that an industrial user has violated or continues to violate this chapter or any permit or order issued hereunder, the Pretreatment Coordinator may issue an order to cease and desist all such violations and direct those persons in non- compliance to:
(a) Comply forthwith; or
(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(Ord. 013-137, passed 6-24-2013)