Whenever the Supervisor finds that any user has violated or
is violating this chapter, a wastewater discharge permit or order
issued hereunder, or any other pretreatment requirement, the Supervisor
or his agent may serve upon said user a written notice of violation.
Such written notice shall be served in person or by certified mail
where a receipt is obtained. 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 Supervisor. 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 of Las Vegas to take
any action, including emergency actions or any other enforcement action,
without first issuing a notice of violation.
The Supervisor 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 orders will include specific action to be taken by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to §§ 435-46 and 435-47 below and shall be judicially enforceable.
The Supervisor may order any user which causes or contributes
to violation(s) of this chapter, wastewater discharge permits, or
orders issued hereunder, or any other pretreatment standard or requirement,
to appear before the Supervisor 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 meeting, 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. Such written
notice shall be served in person or by certified mail where a receipt
is obtained. The notice of the meeting shall be served personally
or by registered or certified mail (return receipt requested) at least
seven 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 actions against the user.
When the Supervisor finds that a user has violated or continues
to violate this chapter, wastewater discharge permits, or orders issued
hereunder, 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 30 days. If the user does
not come into compliance within 30 days, sewer service may be discontinued.
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 federal 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.
A.
When the Supervisor finds that a user is violating this chapter,
the user's wastewater discharge permit, any order issued hereunder,
or any other pretreatment standard or requirement, or that the user's
past violations are likely to recur, the Supervisor 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 prerequisite
to taking any other action against the user.
A.
Notwithstanding any other section of this chapter, any user found
to have violated or is continuing to violate any provision of this
chapter, its wastewater discharge permit, and orders issued hereunder,
or any other pretreatment standard or requirement may be fined in
an amount not to exceed $1,000 per violation per day. 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. The Superintendent may
recover reasonable attorneys' fees, court costs, and other expenses
associated with enforcement activities, including sampling and monitoring
expenses, and the cost of actual damages incurred by the City.
B.
Assessments may be added to the user's next scheduled sewer
service charge, and the Supervisor shall have such other collection
remedies as may be available for other service charges and fees.
C.
In determining the amount of civil liability, the court shall take
into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and
duration of the violation, any economic benefit gained through the
user's violation, corrective actions by the user, the compliance
history of the user, and any other factor as justice requires.
D.
Unpaid charges, fines, and penalties shall, after 60 calendar days,
be assessed an additional penalty of 10% of the unpaid balance and
interest shall accrue thereafter at a rate of 1% per month. A lien
against the individual user's property will be sought for unpaid
charges, fines, and penalties.
E.
Filing a suit for civil penalties shall not be a bar against, or
a prerequisite for, taking any other action against a user.
F.
Users desiring to dispute such fines must file a written request
for the Supervisor 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 Supervisor shall convene a hearing on the
matter within 14 days of receiving the request from the industrial
user. In the event the user's appeal is successful, the payment
together with any interest accruing thereto shall be returned to the
industrial user.
G.
Issuance of an administrative fine shall not be a prerequisite for
taking any other action against the user.
A.
The Supervisor may immediately suspend a user's discharge (after
informal notice to the user) whenever such suspension is necessary
in order 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 any people. The Supervisor may also 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.
B.
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 shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, contamination of sludge, or endangerment to any individuals. The Supervisor shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City of Las Vegas that the period of endangerment has passed, unless the termination proceedings set forth in § 435-50 are initiated against the user.
C.
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 Supervisor, prior to the date of any show cause or termination of discharge hearing under §§ 435-45 and 435-50.
D.
Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
A.
In concert with the wastewater discharge permit revocation provisions in § 435-26 of this chapter, any user that violates any of the following conditions of this chapter, wastewater discharge permits, or orders issued hereunder 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;
