(a) Notification of Violation. Whenever the Director of Public Service finds that any user has violated or is violating any provisions of this Chapter, or a wastewater permit, or order issued hereunder, the Director may serve upon such user written notice of the violation. Within ten days of the receipt date 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 to the Director.
(b) Consent Orders. The Director is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent order shall have the same force and effect as administrative orders issued.
(c) Show Cause Hearing. The Director may order any user which causes or contributes to any violation of this Chapter or wastewater permit or order issued hereunder, to show cause why a 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 and the reasons for such action, and a request that the user show cause why this 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 ten days prior to the hearing. Such notice may be served on any principal executive, general partner, or corporate officer. Whether or not a duly-notified user appears as noticed, immediate enforcement action may be pursued.
(d) Compliance Order. When the Director finds that a user has violated or continues to violate this Chapter or a permit or order issued thereunder, he may issue an order to the user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
(e) Cease and Desist Orders. When the Director finds that a user has violated or continues to violate this Chapter or any permit or order issued hereunder, the Director may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
(1) Comply forthwith;
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(f) Administrative Fines. Any user who fails to comply with any provision of this Chapter or with any permit issued pursuant hereto shall be subject to an administrative fine as follows:
First violation in a six-month period | $ 100.00 - $ 250.00 |
Second violation in a six-month period | $ 250.00 - $ 500.00 |
All other violations in a six-month period | $ 500.00 - $1,000.00 per violation |
Administrative fines are due and payable to the City within thirty days after written notice of same is issued by the Director. Such notice shall be delivered to the user personally or by certified mail, return receipt requested. Additional fines of not more than one thousand dollars ($1,000) per violation may be assessed if ordered after a show cause hearing addresses the violations subjected to administrative fines. For the purposes of this Chapter, each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
(g) Emergency Suspensions.
(1) The Director may suspend the wastewater treatment service or wastewater permit of a user whenever such suspension is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW or the environment.
(2) Any user notified of a suspension of the wastewater treatment service or the wastewater permit shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Director shall allow the user to recommence its discharge with, in the opinion of the Director, the endangerment has passed and the user is otherwise in compliance with all other provisions of this Chapter; unless the termination hearings set forth herein are initiated against the user.
(3) A user which is responsible, in whole or in part, for 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 Director prior to the date of the hearing described in subsection (c) hereof.
(h) Termination of Permit.
(1) Significant industrial users proposing to discharge into the POTW, must first obtain a wastewater discharge permit from the control authority. Any user who violates the following conditions of this Chapter or a wastewater discharge permit or order, or any applicable State or Federal law, is subject to permit termination:
A. Violation of permit conditions;
B. Failure to accurately report the wastewater constituents and characteristics of its discharge;
C. Failure to report significant changes in operations or wastewater constituents and characteristics; or
D. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.
(2) Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under subsection (c) hereof why the proposed action should not be taken.
(Ord. 2010-32. Passed 9-23-10.)