When the Director finds that a user has violated or continues to violate any provision of this Part 4, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may serve upon that user a written notice of violation. Within seven 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. 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 to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
The Director 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 §§ 450-92 and 450-93 of this article and shall be judicially enforceable.
The Director may order a user which has violated or continues
to violate any provision of this Part 4, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement
to appear before the Director 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 seven 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 finds that a user has violated or continues
to violate any provision of this Part 4, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
the Director 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 finds that a user has violated or continues to
violate any provision of this Part 4, 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
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.
No person(s) shall maliciously, willfully or negligently break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is a part of the POTW.
B.
A violation of this section is deemed to be a misdemeanor. Any person
who violates this section shall, upon conviction thereof, be subject
to a fine not to exceed $1,000 or imprisonment for a term not to exceed
six months, or both.
The Director 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 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.
A.
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 may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or its receiving stream or endangerment to any individuals. The Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in § 450-96 of this article are initiated against the user.
B.
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 prior to the date of any show cause or termination hearing under § 450-91 or 450-96 of this article. 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 § 450-67 of this Part 4, any user which 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 § 450-91 of this article why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the user.
