[Ord. 1073, 11/8/2007, § 10.1]
When the City 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 City 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 City. 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 to take any action, including emergency actions or any
other enforcement action, without first issuing a notice of violation.
[Ord. 1073, 11/8/2007, § 10.2]
The City may enter into consent orders, assurances 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 §§ 18-457 and 18-458 of this Part and shall be judicially enforceable.
[Ord. 1073, 11/8/2007, § 10.3]
The City 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 City 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 10 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. 1073, 11/8/2007, § 10.4]
When the City 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 City 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 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. 1073, 11/8/2007, § 10.5]
1.
When the City 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 City
may issue an order to the user directing it to cease and desist all
such violations 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. 1073, 11/8/2007, § 10.6]
1.
When the City 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 City may fine such user in an amount not to exceed $25,000 per day for each violation regardless of jurisdictional boundaries. 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 may be assessed for each day during the period of violation. The foregoing administrative civil penalties shall be enforced in accordance with the provisions of §§ 18-463 and 18-471 of this Part.
2.
Unpaid charges, fines, and penalties shall, after 60 calendar days,
be assessed a late charge of 10% APR. 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 City 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 City 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 City 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. 1073, 11/8/2007, § 10.7]
1.
The City 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. The City 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. In the event of a user's failure to immediately comply voluntarily with the suspension order, the City 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 City may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings in § 18-461 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 causes of the harmful contribution and the measures taken to prevent any future occurrence, to the City prior to the date of any show cause or termination hearing under § 18-456 or § 18-461 of this Part.
2.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
[Ord. 1073, 11/8/2007, § 10.8]
1.
In addition to the provisions in § 18-430 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 Part 1B.
2.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 18-456 of this Part why the proposed action should not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the user.
