(A) Notification of violation. When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter or order issued hereunder, or any other pretreatment requirement or admissibility requirements, the Superintendent may serve upon that user a written notice of violation. Within 15 days of the receipt of such notice, 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 such a 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 from taking any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(B) Consent orders. The Superintendent, upon approval of the Town Council, may enter into consent orders assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall 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 compliance orders and cease and desist orders set forth in this chapter 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 or order issued hereunder, or any other pretreatment requirement or admissibility requirements, to appear before the Superintendent or Town Council 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 meeting, 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 meeting shall be served personally or by registered or certified mail (return receipt requested) at least 15 days prior to the hearing. Such notice may be served on any authorized representatives or the user as defined in this chapter. 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 or an order issued hereunder, or any other pretreatment requirement or admissibility requirements, 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, 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 minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment requirement of admissibility requirements, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(E) Cease and desist orders. When the Superintendent finds that a user has violated, or continues to violate, any provisions of this chapter or any other issued hereunder, or any other pretreatment requirements of admissibility requirements, or that the user 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) Initiate 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. Prior issuance of a cease and desist order shall not be a required prerequisite for any other action against the user.
(Ord. 2015-6, passed 6-25-2015)