When the Director of Wastewater or his/her designee finds that
a user has violated, or continues to violate, any provision of this
chapter an individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, the
Director of Wastewater or his/her designee may serve upon that user
a written notice of violation. Within five days of the receipt of
such 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 or his/her
designee. Submission of such a 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 or his/her designee to take any action,
including emergency actions or any other enforcement action, without
first issuing a notice of violation.
The Director of Wastewater or his/her designee may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall 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 Sections
71-51 and
71-52 of this chapter and shall be judicially enforceable.
[Amended 10-5-2010 by Ord. No. 2010.101]
The Director of Wastewater or his/her designee may order a user which has violated or continues to violate any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Director of Wastewater or his/her designee 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 as defined in Section
71-4. 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 or his/her designee finds that
a user has violated or continues to violate any provision of this
chapter, an individual wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, the
Director of Wastewater or his/her designee 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.
When the Director of Wastewater or his/her designee finds that
a user has violated or continues to violate any provision of this
chapter, an individual 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
or his/her designee, may issue an order to the user directing it to
cease and desist all such violations and directing the user to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations and/or terminating the discharge. Issuance of a
cease and desist order shall not be a bar against or a prerequisite
for taking any other action against the user.