When the Superintendent finds that a user has violated, or continues
to violate, any provision of this chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, the Superintendent may serve upon that user a written
notice of violation. 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 Superintendent. 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 Superintendent to take any
action, including emergency actions or any other enforcement action,
without first issuing a notice of violation.
The Superintendent 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 §§
292-69 and
292-70 of this chapter and shall be judicially enforceable.
The Superintendent may order a user which has violated, or continues
to violate, any provision of this chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, to appear before the Superintendent 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
14 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 Superintendent finds that a user has violated, or continues
to violate, any provision of this chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard
or requirement, the Superintendent 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 Superintendent finds that a user has violated, or continues
to violate, any provision of this chapter, 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 Superintendent may issue an order to the user directing
it to cease and desist all such violations and directing the user
to immediately comply with all requirements; and 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.