When the Borough finds that a user has violated, or continues to violate, any provision of this Part
3, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Borough may serve upon that user a written notice of violation. 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 Borough. 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 Borough to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
The Lake City Borough Council 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 the time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§
52-77 and
52-78 of this Part
3 and shall be judicially enforceable.
The Borough may order a user which has violated,
or continues to violate, any provision of this Part 3, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, to appear before the Lake City Borough Council,
or a committee thereof, 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 requesting 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 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 bar against, or prerequisite for, taking any
other action against the user. Within five days of the hearing, a
user must submit a bond of $200 to defray the expenses of the hearing.
At any hearing, testimony must be taken under oath and recorded stenographically.
The transcript, so recorded, will be made available to any member
of the public or any party to the hearing upon payment of the usual
charges thereof.
When the Lake City Borough Council, or a committee
thereof, finds that a user has violated, or continues to violate,
any provisions of this Part 3, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
it may issue an order to the user responsible for the discharge directing
the user to come into compliance within a specified time. If the user
does not come into compliance within the time provided, the 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.