[R.O. 1993 § 710.470; Ord. No.
2669 § 10.1, 2-8-1999]
When the 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 Superintendent may serve upon that user a written
notice of violation. Within seven (7) 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 Superintendent. 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 Superintendent to
take any action, including emergency actions or any other enforcement
action, without first issuing a notice of violation.
[R.O. 1993 § 710.480; Ord. No.
2669 § 10.2, 2-8-1999]
The 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 document 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 Sections 710.500 and 710.510 of this Chapter and shall be judicially enforceable.
[R.O. 1993 § 710.490; Ord. No.
2669 § 10.3, 2-8-1999]
The Superintendent may order a user which 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, to appear before the Superintendent 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
seven (7) 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.
[R.O. 1993 § 710.500; Ord. No.
2669 § 10.4, 2-8-1999]
When the 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 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 order 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.
[R.O. 1993 § 710.510; Ord. No.
2669 § 10.5, 2-8-1999]
A.
When the 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,
or that the user's past violations are likely to recur, the Superintendent
may issue an order to the user directing it to cease and desist all
such violations and directing the user to:
B.
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
[R.O. 1993 § 710.520; Ord. No.
2669 § 10.6, 2-8-1999]
A.
When the 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 Superintendent 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
eighteen percent (18%) per month. A lien against the user's property
will be sought for unpaid charges, fines, and penalties.
C.
Users desiring to dispute such fines must file a written request
for the Superintendent to reconsider the fine along with full payment
of the fine amount within thirty (30) days of being notified of the
fine. Where a request has merit, the Superintendent 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 Superintendent may add the costs of preparing
administrative enforcement actions, such as notices and orders, to
the fine.
D.
Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
[R.O. 1993 § 710.530; Ord. No.
2669 § 10.7, 2-8-1999]
A.
The Superintendent 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 Superintendent 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 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 Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in Section 710.540 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 Superintendent prior to the date of any show cause or termination hearing under Sections 710.490 or 710.540 of this Chapter.
B.
Nothing in this Section shall be interpreted as requiring a hearing
prior to any emergency suspension under this Section.
[R.O. 1993 § 710.540; Ord. No.
2669 § 10.8, 2-8-1999]
A.
In addition to the provisions in Section 710.270 of this Chapter, 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
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 710.490 of this Chapter why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
