The MWPCA or its designated agent 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 §§
410-93 and
410-94 of these regulations and shall be judicially enforceable.
Allows users that receive a notice of violation an opportunity
to appear before the MWPCA or its designated agent and show cause
why the proposed enforcement action should not be taken. Notice of
a show cause hearing 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 certificate of mailing at least five
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.
When the MWPCA or its designated agent finds that a user has
violated, or continues to violate, any provision of these regulations,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, the MWPCA or its designated
agent 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.