[Ord. 95-07-02, 7/10/1995, § 10-10.1]
When the CNBTJSA finds that a user has violated, or continues
to violate, any provision of this Part, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
the CNBTJSA may serve upon that user a written notice of violation.
Within 30 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 CNBTJSA. 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 CNBTJSA to take any action, including emergency
actions or any other enforcement action, without first issuing a notice
of violation.
[Ord. 95-07-02, 7/10/1995, § 10-10.2]
The CNBTJSA may enter into consent orders, assurance of voluntary compliance or other similar documents establishing an 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 §§ 18-194 and 18-195 of this Part and shall be judicially enforceable.
[Ord. 95-07-02, 7/10/1995, § 10-10.3]
The CNBTJSA may order a user which has violated, or continues
to violate, any provision of this Part, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
to appear before the CNBTJSA 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 30 days prior to the hearing.
Such notice may be served on any authorized representative of the
user. A show cause hearing shall not be a bar against or prerequisite
for taking any other action against the user.
[Ord. 95-07-02, 7/10/1995, § 10-10.4]
When the CNBTJSA finds that a user has violated, or continues
to violate, any provision of this Part, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
the CNBTJSA 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,
sewer service may be discontinued unless adequate treatment facilities,
devices or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to
address the noncompliance, including additional self-monitoring and
management practices designated to minimize the amount of pollutants
discharged to the sewer. A compliance order does not 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.
[Ord. 95-07-02, 7/10/1995, § 10-10.5]
1.
When the CNBTJSA finds that a user has violated, or continues to
violate, any provision of this Part, 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 CNBTJSA
may issue an order to the user directing it to cease and desist all
such violation and directing the user to:
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.
[Ord. 95-07-02, 7/10/1995, § 10-10.6]
1.
When the CNBTJSA finds that a user has violated, or continues to
violate, any provision of this Part, a wastewater discharge permit
or order issued hereunder or any other pretreatment standard or requirement,
the Authority may fine such user in an amount not to exceed $10,000.
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.
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 10% per year. A lien
against the user's property will be sought for unpaid charges,
fines and penalties.
3.
Users desiring to dispute such fines must file a written request
for the CNBTJSA to reconsider the fine along with full payment of
the fine amount within 30 days of being notified of the fine. Where
a request has merit, the CNBTJSA may convene a hearing on the matter.
In the event the user's appeal is successful, the payment, together
with any interest accruing thereto, shall be returned to the user.
The CNBTJSA may add the costs of preparing administrative enforcement
actions, such as notices and orders, to the fine.
4.
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
[Ord. 95-07-02, 7/10/1995, § 10-10.7]
1.
The CNBTJSA 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 CNBTJSA may also immediately suspend
a user's discharge, after notice and opportunity to respond,
that threatens to interferes 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. In the event of a user's
failure to immediately comply voluntarily with the suspension order,
the CNBTJSA 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 CNBTJSA may allow the user to recommence its discharge when the
user has demonstrated to the satisfaction of the CNBTJSA that the
period of endangerment has passed, unless the termination proceedings
in § 18-199 of this Part 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 cause of the harmful contribution and the measures taken to prevent any future occurrence, to the CNBTJSA prior to the date of any show cause or termination hearing under § 18-193 or 18-198 of this Part.
2.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
[Ord. 95-07-02, 7/10/1995, § 10-10.8]
1.
In addition to the provisions in § 18-146 of this Part, any user who violates the following conditions is subject to discharge termination:
A.
Violation of wastewater discharge 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.
E.
Violation of the pretreatment standards in subpart B of this Part.
2.
Such users will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 18-193 of this Part why the proposed action should not be taken. Exercise of this option by the CNBTJSA shall not be a bar to, or a prerequisite for, taking any other action against the user.
