(A) Notification of violation. When the Director of Utilities finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, a general permit or order issued hereunder, or any other pretreatment standard or requirement, the Director of Utilities may serve upon that user a written notice of violation. Within ten days of the receipt of such notice, user shall submit to the Director of Utilities an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions. Submission of such a 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 Director of Utilities to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(B) Consent orders. The Director of Utilities may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall 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 §§ 191-10(D) and 191-10(E) and shall be judicially enforceable.
(C) Show cause hearing. The Director of Utilities may order a user which has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, a general permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Director of Utilities 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 action, and a request that the user show cause why the 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 authorized representative of the user and required by § 191-04(G)(1). 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 Director of Utilities finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, a general permit or order issued hereunder, or any other pretreatment standard or requirement, the Director of Utilities may issue an order, in writing, 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 in the order, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated pursuant to the all federal, state, and local laws and regulations. Compliance orders also may 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 pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including 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.
(E) Cease and desist orders. When the Director of Utilities finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Director of Utilities may issue an order to the user directing the user 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. 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) Administrative fines.
(1) When the Director of Utilities finds that a person 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 Director of Utilities may fine such person in an amount determined pursuant to the City Enforcement Response Plan and penalty policy. For continuing violations, each day may constitute a violation. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation. The Director of Utilities may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(2) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 1% per month or part thereof until paid in full. A lien against the person's property may be sought for unpaid charges, fines, and penalties.
(3) Persons desiring to dispute such fines must file a written request for the Director of Utilities to reconsider the fine along with full payment of the fine amount within 15 days of being notified of the fine. Where a request has merit, the Director of Utilities may convene a hearing on the matter. In the event the person's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the person.
(4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.
(G) Emergency suspensions.
(1) The Director of Utilities 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 Director of Utilities 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) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution upon receipt of notification. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Director of Utilities may 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 of Utilities may allow the user to recommence its discharge when the user has demonstrated, to the satisfaction of the Director of Utilities, that the period of endangerment has passed, unless the termination proceedings in § 191-10(H) are initiated against the user.
(b) A user that is responsible, in whole or in part, for any discharge 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 Director of Utilities prior to the date of any show cause or termination hearing under §§ 191-10(C) or 191-10(H).
(2) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(H) Termination of discharge.
(1) In addition to the provisions in § 191-05(F), any user who violates the following conditions is subject to discharge termination:
(a) Violation of individual wastewater discharge permit or general 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 volume, constituents, and characteristics prior to discharge;
(d) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling; or
(e) Violation of the pretreatment standards in § 191-02.
(2) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 191-10(C) why the proposed action should not be taken. Exercise of this option by the Director of Utilities shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. O2019-007, passed 2-6-2019)