[Ord. of 4-8-1999, § 1]
Whenever the City Engineer finds that any user has violated
or is violating this chapter, a wastewater contribution/discharge
permit or order issued under this chapter or any other pretreatment
standard or requirement, the City Engineer or his designee may serve
upon the user a written notice of violation. Within seven days of
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 City
Engineer. 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 City Engineer to take any action, including emergency action or
any other enforcement action, without first issuing a notice of violation.
[Ord. of 4-8-1999, § 1]
The City Engineer is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such document will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections
14 1/2-116 and
14 1/2-117 of this chapter and shall be judicially enforceable.
[Ord. of 4-8-1999, § 1]
The City Engineer may order any user which has violated or continues
to violate any provision of this chapter, a wastewater contribution/discharge
permit or order issued under this chapter or any other pretreatment
standard or requirement to appear before the City Engineer and 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
hearing, the proposed enforcement action 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 hearing shall be served
personally or by registered or certified mail (return receipt requested)
at least five days prior to the hearing. Such notice may be served
on any authorized representative of the user. Whether or not the user
appears as ordered, immediate enforcement action may be pursued following
the hearing date. A show cause hearing shall not be a prerequisite
for taking any other action against the user and the issuance of same
shall not preclude any other action while resolution of the show cause
order is pending.
[Ord. of 4-8-1999, § 1]
When the City Engineer finds that a user has violated or continues
to violate any provision of this chapter, a wastewater contributions/discharges
permit or order issued under this chapter or any other pretreatment
standard or requirement, he may issue an order to the user responsible
for the discharge directing that the user come into compliance within
seven days or a shorter period when, in the City Engineer's discretion,
same is required. If the user does not come into compliance within
said period, sewer service shall be discontinued unless adequate treatment
facilities, devices or other related appurtenances are installed and
properly operated. Compliance orders may also 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 release the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a prerequisite to taking any other action against
the user.
[Ord. of 4-8-1999, § 1]
Whenever a user has violated a pretreatment standard or requirement
or continues to violate any provision of this chapter, a wastewater
contribution/discharge permit or order issued under this chapter,
or any other pretreatment standard or requirement, the City Engineer
may petition the appropriate court for the issuance of a temporary
or permanent injunction, as appropriate, which restrains or compels
the specific performance of the wastewater contribution/discharge
permit, order or other requirement imposed by this chapter on activities
of the user. Such other action as appropriate for legal and/or equitable
relief may also be sought by the City Engineer. A petition for injunctive
relief need not be filed as a prerequisite to taking any other action
against the user. This provision is not intended in any way to limit
the City Engineer's authority and application for judicial relief
and shall not preclude other enforcement remedies.
[Ord. of 4-8-1999, § 1]
The provisions in Article IX are not exclusive remedies. The
City Engineer may take any, all or any combination of these actions
against a noncompliant user. Enforcement of pretreatment violations
will generally be in accordance with the City's enforcement response
plan developed and implemented pursuant to 40 CFR 403.8(f)(5). However,
the City Engineer may take other action against any user when the
circumstances warrant. Further, the City Engineer is empowered to
take more than one enforcement action against any noncompliant user.
These actions may be taken concurrently.