(A) Notification of violation. Whenever the POTW Director finds that any user has violated or continues to violate any provision of this subchapter, a wastewater discharge permit or any prohibition, limitation or requirement contained therein or any other pretreatment standard or requirement, the POTW Director may serve upon such user a written notice of violation. Within 14 days or within such other greater period as the POTW Director may allow from the date of the notice, the user shall submit an explanation for the violation and a plan for the satisfactory correction thereof. Submission of this plan shall not relieve 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 POTW Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(B) Consent orders. The POTW Director is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the person responsible for the non-compliance. Such orders will include specific action to be taken by the discharger to correct the non-compliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order issued pursuant to divisions (D)(1) and (D)(2) below.
(C) Show cause hearing.
(1) In cases not involving an emergency or endangerment to the public health or POTW personnel, the POTW Director may order any user who causes or is responsible for an unauthorized discharge, who has violated or continues to violate any provision of this subchapter or who is in non-compliance with a wastewater discharge permit or order issued hereunder, to appear before the POTW Director and show cause why a proposed enforcement action should not be taken. In the event the POTW Director determines a show cause order should be issued, a notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and requesting that the user show cause why this proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation, or the Mayor or Town/County Manager. A show cause hearing shall not be a bar against, or prerequisite for, the assessment of a civil penalty or the taking of any other action against the user, nor is any action or inaction taken by the POTW Director under this section subject to an administrative appeal under § 50.098(H) of this chapter.
(2) The POTW Director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate.
(D) Administrative orders.
(1) When the POTW Director 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 POTW Director may issue an order to the user directing it to cease and desist all such violations and directing the user to do any of the following:
(a) Immediately comply with all requirements;
(b) Come into compliance in accordance with a time schedule set forth in the order;
(c) Take the appropriate remedial or preventive action needed to address a continuing or threatened violation, including halting operations or terminating discharge; and
(d) Initiate legal action to compel compliance with the provisions of this chapter, unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period. The person will have to disconnect from the POTW.
(2) Issuance of an administrative order shall not be a bar against or a prerequisite for taking any other action against the user.
(E) Emergency suspensions.
(1) The POTW Director may temporarily suspend the wastewater treatment service and/or wastewater permit when such suspension is necessary to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, which interferes with the POTW, or which causes the POTW to violate any condition of its NPDES or non-discharge permit.
(2) Any user notified of an intended temporary suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate the contribution. A hearing will be held as soon as possible, but in all events within five working days from the date of the giving of the notice of suspension to determine whether the suspension may be lifted, or the user’s waste discharge permit terminated. In the event of a failure by the user to comply voluntarily with the suspension order, the POTW Director shall take such steps deemed necessary to prevent or minimize further damage to the POTW or endangerment to any individuals including, but not limited to, continued temporary termination of the receipt of wastewater from the user. The POTW Director shall reinstate the wastewater permit and the wastewater treatment service upon proof of the elimination of the non- compliant discharge. The user shall submit a detailed written statement describing the causes of the harmful contribution and measures taken to prevent any future occurrence to the POTW Director prior to the date of the above-described hearing.
(F) Termination of permit or permission to discharge.
(1) The POTW Director may revoke a wastewater discharge permit or permission to discharge for good cause, including, but not limited to, the material and continued breach of the user’s obligations under this chapter for the following reasons:
(a) Failure to accurately report the constituents and characteristics of its wastewater discharge;
(b) Failure to report significant changes in operations or wastewater constituents and characteristics;
(c) Failure or refusal to allow access without delay to the user’s premises for the purpose of inspection or monitoring; or
(d) Violation of conditions of the permit or permission to discharge, provisions of this chapter or any applicable state and federal regulations.
(2) Non-compliant users will be notified of the proposed termination of their wastewater permit and will be offered an opportunity to show cause under § 50.119 of this chapter why the proposed action should not be taken.
(Ord. passed 10-14-2021)