[Ord. No. 3393 §1, 4-20-2010]
When the Superintendent 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 Superintendent may serve upon that user
a written notice of violation. Within fifteen (15) 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 Superintendent.
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 Superintendent to take any action, including emergency actions
or any other enforcement action, without first issuing a notice of
violation.
[Ord. No. 3393 §1, 4-20-2010]
The Superintendent may enter into consent orders, assurances of compliance or other similar documents establishing an agreement with any user responsible for non-compliance. Such documents shall 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 725.500 and 725.510 of this Chapter and shall be judicially enforceable.
[Ord. No. 3393 §1, 4-20-2010]
The Superintendent 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 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 fifteen (15) days prior to the hearing. Such notice may be
served on any authorized representative of the user as defined in
this Chapter. A show cause hearing shall not be a bar against, or
prerequisite for, taking any other action against the user.
[Ord. No. 3393 §1, 4-20-2010]
When the Superintendent 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 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 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.
[Ord. No. 3393 §1, 4-20-2010]
A.
When
the Superintendent 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 Superintendent 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.
[Ord. No. 3393 §1, 4-20-2010]
A.
When
the Superintendent 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 Superintendent may fine such user in an amount
not to exceed one thousand dollars ($1,000.00). 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.
1.
Unpaid charges, fines and penalties shall, after thirty (30) calendar
days, be assessed an additional penalty of five percent (5%) of the
unpaid balance and interest shall accrue thereafter at a rate of one
and one-half percent (1½%) per month. A lien against the user's
real and/or personal property shall be sought for unpaid charges,
fines and penalties.
2.
Users desiring to dispute such fines must file a written request
for the Superintendent to reconsider the fine along with full payment
of the fine amount within thirty (30) days of being notified of the
fine. Where a request has merit, the Superintendent 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 Superintendent may add the costs of preparing
administrative enforcement actions, such as notices and orders, to
the fine.
B.
Issuance
of an administrative fine shall not be a bar against, or a prerequisite
for, taking any other action against the user whether at law or in
equity.
[Ord. No. 3393 §1, 4-20-2010]
A.
The
Superintendent 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 Superintendent 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.
B.
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 Superintendent 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 Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in Section 725.540 of this Chapter are initiated against the user.
C.
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 Superintendent prior to the date of any show cause or termination hearing under Sections 725.490 or 725.540 of this Chapter.
D.
Nothing
in this Section shall be interpreted as requiring a hearing prior
to any emergency suspension under this Section.
[Ord. No. 3393 §1, 4-20-2010]
A.
In addition to the provisions in Section 725.260 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
5.
Violation of the pretreatment standards in this Chapter.
6.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 725.490 of this Chapter why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
