(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 requirement, the Superintendent may serve upon that user a written notice of violation. Within five days of the receipt of this notice, an 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 this 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 to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(B) Voluntary compliance agreements. Town Council may enter into written assurances of voluntary compliance, or other similar agreement with any user responsible for noncompliance. Such documents will 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 administrative orders issued pursuant to the following provisions of this section and shall be judicially enforceable.
(C) Show cause hearing. The Town Council or Superintendent may order a user which has violated, or continues to violate, any provision of this chapter, or order issued hereunder, to appear before the Town Council and show cause why enforcement action should not be taken. 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 Town Council or Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, or order issued hereunder, the Town Council or 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, monetary fines may be imposed and/or sewer service may be discontinued. 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.
(1) When the Town Council or Superintendent 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 pretreatment requirement, or that the user’s past violations are likely to recur, the Town Council or Superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(a) Immediately comply with all requirements; and
(b) 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.
(2) Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(F) Emergency suspensions. The Superintendent may immediately suspend a user’s discharge, after informal notice to the user whenever such suspension is considered by the Superintendent to be 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 Superintendent may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. A hearing is not required prior to any such emergency suspension.
(G) Termination of service. Termination of service is the revocation of an industrial user’s privilege to discharge non-domestic wastewater into the sewer system. Termination of service is used when the discharge from an industrial user presents imminent endangerment to the health or welfare of persons, or the environment; or threatens to interfere with the POTW’s operations; or as an escalating enforcement action to a significant violation when a noncompliant industrial user fails to respond adequately to previous enforcement actions. Termination of service may be accomplished by physical severance of the industrial user’s connection to the collection system, issuance of an AO (cease and desist order) which compels the industrial user to immediately terminate its discharge, revocation of the industrial user’s discharge permit, or a court ruling.
(H) Injunctive relief. When the Town Council finds that a user has violated, or continues to violate, any provision of this chapter or order issued hereunder, the town may petition the Huntington County Circuit Court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the order, or other requirement imposed by this chapter on activities of the user. The town may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(Ord. 2016-2, passed 11-14-16)