Whenever the Supervisor finds that any user has violated or
is violating this chapter, a wastewater discharge permit or order
issued hereunder, or any other pretreatment requirement, the Supervisor
or his agent may serve upon said user a written notice of violation.
Such written notice shall be served in person or by certified mail
where a receipt is obtained. 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 Supervisor. 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 City of Las Vegas to take
any action, including emergency actions or any other enforcement action,
without first issuing a notice of violation.
The Supervisor is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such orders will include specific action to be taken by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to §§
435-46 and
435-47 below and shall be judicially enforceable.
The Supervisor may order any user which causes or contributes
to violation(s) of this chapter, wastewater discharge permits, or
orders issued hereunder, or any other pretreatment standard or requirement,
to appear before the Supervisor and show cause why a 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 this proposed enforcement action should not be taken. Such written
notice shall be served in person or by certified mail where a receipt
is obtained. 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. Whether or not the user appears
as ordered, immediate enforcement action may be pursued following
the hearing date. A show cause hearing shall not be a prerequisite
for taking any other actions against the user.
When the Supervisor finds that a user has violated or continues
to violate this chapter, wastewater discharge permits, or orders issued
hereunder, or any other pretreatment standard or requirement, he may
issue an order to the user responsible for the discharge directing
that the user come into compliance within 30 days. If the user does
not come into compliance within 30 days, sewer service may be discontinued.
Compliance orders may also 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 federal pretreatment standard or requirement, nor
does a compliance order release the user of liability for any violation,
including any continuing violation. Issuance of a compliance order
shall not be a prerequisite to taking any other action against the
user.