[Ord. No. 8020, 11-13-2017]
When the Wastewater Treatment Superintendent finds that a user
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 Wastewater Treatment Superintendent
may serve upon that user a written notice of violation. Within ten
(10) 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 Wastewater Treatment Superintendent. Submission of this plan
does not relieve the user of liability for any violations occurring
before or after receipt of the notice of violation. Nothing in this
Section shall be a bar against, nor a prerequisite for, taking any
other action against the user.
[Ord. No. 8020, 11-13-2017]
The Wastewater Treatment Superintendent may enter into consent
orders, assurances of voluntary compliance, or other similar documents
establishing an agreement with any user responsible for non-compliance.
Such documents will include specific action to be taken by the user
to correct the non-compliance within a time period specified by the
document. Such documents shall have the same force and effect as the
administrative orders issued pursuant to this Chapter and shall be
judicially enforceable.
[Ord. No. 8020, 11-13-2017]
When the Wastewater Treatment Superintendent finds that a user
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 Wastewater Treatment Superintendent
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 non-compliance, 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.
[Ord. No. 8020, 11-13-2017]
A.
When the Wastewater Treatment Superintendent finds that a user has
violated, or continues to violate, any provision of this Chapter,
a wastewater discharge permit or order issued hereunder, any other
pretreatment standard or requirement, or that the user's past
violations are likely to recur, the Wastewater Treatment Superintendent
may issue an order to the user directing it 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 preventative action as may
be needed to properly address a continuing or threatened violation,
including halting operations and/or terminating the discharge.
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Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
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[Ord. No. 8020, 11-13-2017]
A.
After informal notice to the user, the Wastewater Treatment Superintendent
may immediately suspend a user's discharge, 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. After notice and opportunity
to respond, the Wastewater Treatment Superintendent may also immediately
suspend a user's discharge, where that discharge threatens to
interfere with the operation of the POTW, or which presents, or may
present, an endangerment to the environment.
1.
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 Wastewater Treatment Superintendent 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 Wastewater Treatment Superintendent
may allow the user to recommence its discharge when the user has demonstrated
to the satisfaction of the Wastewater Treatment Superintendent that
the period of endangerment has passed.
2.
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. Said statement shall be submitted
to the Wastewater Treatment Superintendent ten (10) days prior to
the date of any show cause or termination hearing.
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Nothing in this Section shall be interpreted as requiring a
hearing prior to any emergency suspension under this Chapter.
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[Ord. No. 8020, 11-13-2017]
A.
Any user who violates the following conditions is subject to discharge
termination:
1.
Violation of wastewater discharge permit conditions;
2.
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
3.
Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge;
4.
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring, or sampling; or
5.
Violation of the pretreatment standards of this Chapter.
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Subject to the other provisions of this Chapter, such user will
be notified of the proposed termination of its discharge and be offered
an opportunity to show cause in writing why the proposed action should
not be taken. However, exercise of this option by the Wastewater Treatment
Superintendent shall not be a bar to, nor a prerequisite for taking
any other action against the user.
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