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The Control Authority may order a user which has violated or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement to appear before the Control Authority 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 actions, and a request that the user show cause why the proposed enforcement action should not be taken. The notice or the meeting shall be served personally or by registered or certified mail (return receipt requested) at least five business days prior to the hearing. Such notice shall be served on a representative of the user who meets the criteria of an authorized signatory. A show cause hearing shall not be bar against, or prerequisite for, taking any other action against the user.
(Ord. 2005-8-226, passed 8-2-05)
When The Control Authority finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Control Authority 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 rebated appurtenances are installed and properly operated. Compliance orders may also 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 national pretreatment standard or requirement, nor does a compliance order relieve the user of any violation. Issuance of 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.
(Ord. 2005-8-226, passed 8-2-05)
(A) When the Control Authority finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Control Authority 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) Take 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.
(B) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 2005-8-226, passed 8-2-05; Am. Ord. 2007-06-291, passed 6-5-07)
(A) When the Control Authority finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or required pretreatment, the Control Authority may fine such user in the amount not to exceed $1,000. Such fines shall be assessed on a per violation, per day basis. The Control Authority may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(B) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 2005-8-226, passed 8-2-05)
(A) The Control Authority may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Control Authority may also immediately suspend a user's discharge, that threatens to interfere with the operation of the POTW, or will present or may present an endangering to the environment.
(1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its discharge. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Control Authority shall take such steps as deemed necessary, including immediate severance of the sewer connection or water service, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Control Authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Control Authority that the period of endangerment has passed unless time endangerment proceedings of this chapter are initiated against the user.
(2) If necessary, severance of the sewer connection or water service may occur without notice.
(3) A user that is responsible, in whole or in part, for any declared presenting 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 Control Authority within ten business days.
(B) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ord. 2005-8-226, passed 8-2-05)
Any user that violates the provisions of this chapter is subject to discharge termination. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this chapter why the proposed action should not be taken. Exercise of this option by the Control Authority shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 2005-8-226, passed 8-2-05)
When the Control Authority finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Control Authority may petition the appropriate court through the Control Authority's Attorney for the issuance or a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user. The Control Authority may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental mediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Ord. 2005-8-226, passed 8-2-05; Am. Ord. 2007-06-291, passed 6-5-07)
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