[R.O. 2011 § 710.470; Ord. No. 17-184 § 1, 9-20-2017]
When the Director of Public Works
has probable cause to believe 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 Director of Public Works may serve upon that User a written Notice
of Violation. Within fifteen (15) 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 of Public Works. 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 of Public
Works to take any action, including emergency actions or any other
enforcement action, without first issuing a Notice of Violation.
[R.O. 2011 § 710.480; Ord. No. 17-184 § 1, 9-20-2017]
The City may enter into Consent Orders, assurances of compliance, or other similar documents establishing an agreement with any User responsible for non-compliance. Such documents will include specific action to be taken by the User to correct the non-compliance 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 710.500 and 710.510 of this Chapter and shall be judicially enforceable.
[R.O. 2011 § 710.490; Ord. No. 17-184 § 1, 9-20-2017]
A.
The City 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 City 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
ten (10) days prior to hearing. Such notice may be served on any Authorized
Representative of the User.
B.
A show cause hearing shall not be a bar
against, or prerequisite for, taking any other action against the
User.
[R.O. 2011 § 710.500; Ord. No. 17-184 § 1, 9-20-2017]
A.
When the City 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 City 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.
B.
Compliance orders in addition, may contain
other requirements to address the non-compliance, 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.
[R.O. 2011 § 710.510; Ord. No. 17-184 § 1, 9-20-2017]
A.
When the Director of Public Works 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 City 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.
[R.O. 2011 § 710.520; Ord. No. 17-184 § 1, 9-20-2017]
A.
When the Director of Public Works 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 Director of Public Works may fine such User in an amount not to exceed the amount stated in Section 150.030. Such violations shall be assessed on a per-violation, per-day basis. In the case of a monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of the violation.
[Ord. No. 22-167, 12-20-2022]
B.
A late fee will be imposed on any User that has failed to submit any requirement of this Chapter within ten (10) days of the due date. A re-inspection fee will be charged to any User whom, upon inspection by the City, was found to have an unsatisfactory feature requiring additional inspections by the City to confirm compliance. Such fees shall be in the amounts stated in Section 150.030. All other Administrative Fines shall take into consideration the type, severity, and number of violations, as well as the duration of non-compliance.
[Ord. No. 22-167, 12-20-2022]
C.
Issuance of an administrative fine shall
not be a bar against, or a prerequisite for, taking any other action
against the User.
[R.O. 2011 § 710.530; Ord. No. 17-184 § 1, 9-20-2017]
A.
The Director of Public Works may immediately
suspend a User's discharge, after notifying 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
Public Works 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 Public Works 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 Public Works may allow the User to recommence its discharge when the User has demonstrated to the satisfaction of the Director of Public Works that the period of endangerment has passed, unless the termination proceedings in Section 710.540 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 Public Works prior to the date of any show cause or termination hearing under Sections 710.490 or 710.540 of this Chapter.
B.
Nothing in this Section shall be interpreted
as requiring a hearing prior to any Emergency Suspension under this
Section.
[R.O. 2011 § 710.540; Ord. No. 17-184 § 1, 9-20-2017]
A.
In addition to the provisions in Section 710.270 of this Chapter, any User who 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;
or
B.
Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 710.490 of this Chapter why the proposed action should not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the User.
