[Ord. No. 1785, 3-12-2018]
When the Director finds that a User has violated, or continues
to violate, any provision of this Chapter, an individual wastewater
discharge permit, or order issued hereunder, or any other Pretreatment
Standard or Requirement, the Director may serve upon that User a written
Notice of Violation. Within ten (10) calendar days of the receipt
of such 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 Director.
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 to take any action, including emergency actions or any
other enforcement action, without first issuing a Notice of Violation.
[Ord. No. 1785, 3-12-2018]
The Director may enter into Consent Agreements, assurances of compliance, or other similar documents establishing an agreement with any User responsible for non-compliance. Such documents shall 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 Sections 720.500 and 720.510 of this Chapter and shall be judicially enforceable.
[Ord. No. 1785, 3-12-2018]
The Director may order a User which has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the Director 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 (10) calendar days prior to the hearing. Such notice may be served on any Authorized Representative of the User as defined in Section 720.040 and required by Section 720.200(A). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the User.
[Ord. No. 1785, 3-12-2018]
When the Director finds that a User has violated, or continues
to violate, any provision of this Chapter, an individual wastewater
discharge permit, or order issued hereunder, or any other Pretreatment
Standard or Requirement, the Director 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. 1785, 3-12-2018]
A.
When the Director finds that a User has violated, or continues to
violate, any provision of this Chapter, an individual 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 Director 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 preventive 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. 1785, 3-12-2018]
A.
When the Director finds that a User has violated, or continues to
violate, any provision of this Chapter, an individual wastewater discharge
permit, or order issued hereunder, or any other Pretreatment Standard
or Requirement, the Director may fine such User in an amount not to
exceed five hundred dollars ($500.00). 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.
B.
Unpaid charges, fines, and penalties shall, after thirty (30) calendar
days, be assessed an additional penalty of ten percent (10%) of the
unpaid balance, and interest shall accrue thereafter at a rate of
five percent (5%) per month.
C.
A lien against the User's property shall be sought for unpaid
charges, fines, and penalties.
D.
Users desiring to dispute such fines must file a written request
for the Director to reconsider the fine along with full payment of
the fine amount within fifteen (15) calendar days of being notified
of the fine. Where a request has merit, the Director 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 Director may add the costs of preparing
administrative enforcement actions, such as notices and orders, to
the fine.
E.
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the User.
[Ord. No. 1785, 3-12-2018]
A.
The Director 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 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.
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 Director may take such steps as deemed necessary, including immediate severance of the sewer connection or municipal water service, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Director may allow the User to recommence its discharge or water service when the User has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in Section 720.540 of this Chapter are initiated against the User.
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, to the Director prior to the date of any show cause or termination hearing under Sections 720.490 or 720.540 of this Chapter.
B.
Nothing in this Section shall be interpreted as requiring a hearing
prior to any Emergency Suspension under this Section.
[Ord. No. 1785, 3-12-2018]
A.
In addition to the provisions in Section 720.270 of this Chapter, any User who violates the following conditions is subject to discharge termination:
1.
Violation of individual 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 in Article II of this Chapter.
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Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 720.490 of this Chapter why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the User.
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