When the Superintendent finds that a user has violated, or continues to violate, any provision of this Part
2, 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 15 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.
When the Superintendent finds that a user has
violated, or continues to violate, any provision of this Part 2, 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 that the user come into compliance immediately or within
another specified time and/or 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.
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. An administrative order does not extend the
deadline for compliance established for a pretreatment standard or
requirement, nor does an administrative order relieve the user of
liability for any violation, including any continuing violation. Issuance
of an administrative order shall not be a bar against, or a prerequisite
for, taking any other action against the user. Compliance with an
administrative order shall not be a defense to violation of this Part
2, a wastewater discharger permit, any other order or any other pretreatment
standard or requirement.
The Superintendent 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 an administrative order issued pursuant to §
146-86 and shall be judicially enforceable.
The Superintendent may order a user which has
violated, or continues to violate, any provision of this Part 2, 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 30 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.