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.
(a)
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 a general permit or
order issued hereunder, or any other pretreatment standard or requirement,
the Director of Wastewater or his/her designee, may fine such user
in accordance with the provisions of 30-A M.R.S.A. § 4452.
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. The
user also shall be responsible for the City's reasonable administrative
costs, attorneys' fees and court costs.
(b)
Interest shall accrue on unpaid charges, fines, penalties, administrative
costs, attorney's fees and court costs, after 30 days, at a rate of
18% per annum. The City may lien the user's property for any unpaid
charges, fines, penalties, administrative costs, attorneys' fees and
court costs.
(c)
Users desiring to dispute such fines must file a written request
with the Director of Wastewater or his/her designee to reconsider
the fine along with full payment of the fine amount within 30 days
of being notified of the fine. The Director of Wastewater or his/her
designee, at his or her sole discretion, 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 or his/her designee 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 or his/her designee 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 or his/her designee 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 or his/her designee, 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 or his/her designee, may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director of Wastewater or his/her designee, that the period of endangerment has passed, unless the termination proceedings in Section 71-55 of this chapter 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 or his/her designee, prior to the date of any show cause or termination hearing under Section 71-50 or 71-55 of this chapter.
(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 Section 71-27 of this chapter, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of individual 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 its discharge and be offered an opportunity to show cause under Section 71-50 of this chapter why the proposed action should not be taken. Exercise of this option by the Director of Wastewater or his/her designee shall not be a bar to or a prerequisite for taking any other action against the user.
