Whenever the Commissioner of Public Works and/or the Director of Utilities or their designee finds that any user has violated or is violating the provisions of this chapter or a wastewater discharge permit or order issued hereunder, the Commissioner of Public Works and/or the Director of Utilities or their designee may serve upon said user a written notice of the violation.
The Commissioner of Public Works and/or the Director of Utilities or their designee is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to § 150-52 below.
A. 
The Commissioner of Public Works and/or the Director of Utilities or their designee may order any user who causes or contributes to violation of this chapter or wastewater discharge permit or order issued hereunder to show cause why a proposed enforcement action should not be taken. A notice shall be served to the user specifying the time and place of a hearing to be held regarding violations, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before Corporation Counsel or his designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or be sent by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
B. 
Scope of hearing. Corporation Counsel may conduct the hearing and take the evidence or may designate any officer or employee of the assigned department to:
(1) 
Issue in the name of the City notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(2) 
Take the evidence.
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to Corporation Counsel or his designee for action thereon.
(4) 
After Corporation Counsel or his designee has reviewed the evidence, issue an order to the user responsible for the discharge directing that, following a specified time period, appropriate actions must be taken.
(5) 
Issue further orders and directives as are necessary and appropriate.
C. 
Record of hearing. At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any part to the hearing upon payment of the usual charges thereof.
When the Commissioner of Public Works and/or the Director of Utilities or their designee find that a user has violated or continues to violate this chapter or a wastewater discharge permit or order issued hereunder, he may issue an order to the user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices.
When the Commissioner of Public Works and/or the Director of Utilities or their designee finds that a user has violated or continues to violate this chapter or any permit or order issued hereunder, the Commissioner of Public Works and/or the Director of Utilities or their designee may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
A. 
Comply forthwith.
B. 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
A. 
Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter or permits or orders issued hereunder shall be fined in an amount not to exceed $5,000 per violation per day for each day on which noncompliance shall occur or continue.
B. 
The user may, within 15 days of notification of such fine, petition the Commissioner of Public Works and/or the Director of Utilities or their designee to modify or suspend the fine. Such petition shall be in written form and shall be transmitted to the Commissioner of Public Works and/or the Director of Utilities or their designee by registered mail. The Commissioner of Public Works and/or the Director of Utilities or their designee may:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the fine;
(3) 
Request additional information from the user; or
(4) 
Order the petitioner to show cause as described herein.
A. 
The Commissioner of Public Works and/or the Director of Utilities or their designee may suspend the service of the POTW and/or the wastewater discharge permit of any user when such suspension is necessary, in the opinion of the Commissioner of Public Works and/or the Director of Utilities or their designee, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW treatment plant or causes the City to violate any condition of its SPDES permit. In the event of an emergency situation, the Commissioner of Public Works and/or the Director of Utilities or their designee is required only to give verbal notice in order to immediately and effectively halt a discharge which presents an imminent endangerment to the City's facilities, the environment or the health and welfare of persons.
B. 
Any person or user notified of a suspension of service of the POTW and/or the wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the person or user to comply voluntarily with the suspension order, the Commissioner of Public Works and/or the Director of Utilities or their designee shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or endangerment to any person(s). The Commissioner of Public Works and/or the Director of Utilities or their designee shall reinstate the wastewater discharge permit and/or POTW service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Commissioner of Public Works and/or the Director of Utilities or their designee within 15 days of the date of occurrence.
Any user who violates the following conditions of this chapter or a wastewater discharge permit or order or any applicable state or federal law is subject to having his permit revoked in accordance with the procedures of this chapter.
A. 
Failure of a user to factually report the wastewater constituents and characteristics of his discharge.
B. 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics.
C. 
Refusal of reasonable access by the City, state, EPA or their designees to the user's premises for the purpose of inspection or monitoring.
D. 
Violation of conditions of the user's permit.