When the Manager 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 Manager may serve upon that user a written
notice of violation. Within three 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 Manager. 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 Manager to take any action,
including emergency actions or any other enforcement action, without
first issuing a notice of violation.
The Manager 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 §§ 67-70 and 67-71 of this chapter and shall be judicially enforceable.
The Manager 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 Manager 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
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 Manager 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 Manager 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.
A.
The Manager 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 Manager
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.
A.
When the Manager 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 Manager may fine such user in an amount not to
exceed $25,000. 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 30
calendar days, be assessed an additional penalty of 5% of the unpaid
balance, and interest shall accrue thereafter at a rate of 1% 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 Manager to reconsider the fine along with full payment
of the fine amount within 10 days of being notified of the fine. Where
a request has merit, the Manager may convene a hearing on the matter.
In the event that the user's appeal is successful, the payment, together
with any interest accruing thereto, shall be returned to the user.
The Manager 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.
A.
The Manager 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 Manager 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 Manager 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 Manager may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Manager that the period of endangerment has passed, unless the termination proceedings in § 67-74 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 Manager prior to the date of any show cause or termination hearing under § 67-69 or 67-74 of this chapter.
B.
Nothing in this section shall be interpreted as requiring
a hearing prior to any emergency suspension under this section.
A.
In addition to the provisions in § 67-47 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.
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 67-69 of this chapter why the proposed action should not be taken. Exercise of this option by the Manager shall not be a bar to or a prerequisite for taking any other action against the user.
