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Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished as provided in the general penalty in section 1-3-1 of this code. (Ord. 4261, 10-6-1997; amd. 2001 Code)
The superintendent may issue a notice of violation with or without an order against any user deemed to be in violation of this chapter.
A. Service: The notice of violation shall be served upon the user either by personal delivery or by first class mail addressed to the user, except that an immediate cease and desist order may be written or oral, and may also be served by telephone.
B. Content Of Notice Of Violation: The notice of violation shall specify the following:
1. Date and time of issuance.
2. Date(s), time(s) and place(s) of violation, the nature of the violation, the substances discharged, where ascertainable, and the volume of the discharge, where applicable.
3. Reference to the pertinent section of this chapter under which the violation is charged.
4. Reference to the pertinent section of this chapter establishing penalties for the violation.
5. The right of the alleged violator to present to the superintendent written explanations, information or other materials in answer to the notice of violation, including any defenses.
C. Plan Of Correction: Within thirty (30) days of the notice, the user shall submit a plan for the satisfactory correction of the problem to the city. (Ord. 4261, 10-6-1997)
A. Issued: Whenever the superintendent has determined that any user has violated this chapter or other applicable laws or regulations which the city is authorized to enforce, the superintendent may issue an order, with or without a notice of violation and whether or not a notice of violation was previously issued, to take actions deemed appropriate by the superintendent under the circumstances.
B. Types Of Orders: The following orders may be issued by the superintendent:
1. Immediate Cease And Desist: An order to immediately cease and desist from discharging any wastewater or pollutant which presents or may present imminent or substantial endangerment to the health or welfare of persons or the environment, or could cause interference with the operation of the POTW. The order shall be final and in effect until a hearing, if requested, is concluded and a final decision is made by the superintendent pursuant to this chapter.
2. Order To Show Cause: The superintendent may issue an order to show cause why an order to cease discharge by a certain time and date or perform other actions should not be issued. The order may contain conditions or requirements as deemed appropriate by the superintendent, including, but not limited to, a requirement to do the following:
a. Submit samples.
b. Install sampling or monitoring equipment.
c. Submit reports.
d. Permit access for inspection, sampling, tests, monitoring and investigations.
e. Install, operate, upgrade and maintain pretreatment equipment.
f. Reduce or eliminate a discharge or pollutants in a discharge.
g. Payment of applicable fees.
3. Content Of Orders: Any order issued by the superintendent shall contain the facts and reasons and grounds for its issuance, and the remedial action ordered as well as the time within which such action shall be taken. No such order shall be deemed insufficient, however, for inconsequential errors and omissions in the facts and reasons and grounds for the order. Multiple orders may be issued simultaneously or in combination as a single order by the superintendent with respect to a single user. (Ord. 4261, 10-6-1997)
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