When the Director of Wastewater 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 Director of Wastewater may serve upon that user a written notice of violation. Within five 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 Director of Wastewater. 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 Director of Wastewater to take any additional action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
The Director of Wastewater 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 §§ 570-70 and 570-71 of this Part 2 and shall be judicially enforceable.
The Director of Wastewater 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
Director of Wastewater 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.
When the Director of Wastewater 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 Director of Wastewater
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.
When the Director of Wastewater 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 Director of Wastewater may issue
an order directing the user 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 Director of Wastewater 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 Director of Wastewater
may fine such user in an amount not to exceed $500. 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. All such fines shall
be deposited into the appropriate City of Monroe wastewater revenue
account.
B.
Unpaid charges, fines and penalties shall, after 30
calendar days, be assessed an additional penalty of 10% of the unpaid
balance. 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 Director of Wastewater to reconsider the fine along
with full payment of the fine amount within 30 days of being notified
of the fine. Where a request has merit, the Director of Wastewater
may convene a hearing on the matter. In the event the user's appeal
is successful, the payment, together with any interest accruing thereto,
shall be returned to the user. The Director of Wastewater 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 Director of Wastewater 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 Director of
Wastewater 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 Director of Wastewater 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 Director of Wastewater may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director of Wastewater that the period of endangerment has passed, unless the termination proceedings in § 570-74 of this Part 2 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 Director of Wastewater prior to the date of any show cause or termination hearing under § 570-69 or 570-74 of this Part 2.
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 § 570-45 of this Part 2, 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; or
B.
Such user will be notified of the proposed termination of discharge and be offered an opportunity to show cause under § 570-69 of this Part 2 why the proposed action should not be taken. Exercise of this option by the Director of Wastewater shall not be a bar to, or a prerequisite for, taking any other action against the user.
