[Ord. 486, 3/21/2002, § 10.1]
1. When MACM finds that a user has violated, or continues to violate,
any provision of this Part, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
MACM may serve upon that user a written notice of violation. Within
five 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 MACM. 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.
2. Nothing in this section shall limit the authority of MACM to take
any action, including emergency actions or any other enforcement action,
without first issuing a notice of violation.
[Ord. 486, 3/21/2002, § 10.2]
MACM 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 §§
18-350 and
18-351 of this Part and shall be judicially enforceable.
[Ord. 486, 3/21/2002, § 10.3]
MACM may order a user which has violated, or continues to violate,
any provision of this Part, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
to appear before MACM 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 10 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.
[Ord. 486, 3/21/2002, § 10.4]
When MACM finds that a user has violated, or continues to violate,
any provision of this Part, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
MACM 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.
[Ord. 486, 3/21/2002, § 10.5]
1. When MACM finds that a user has violated, or continues to violate,
any provision of this Part, 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, MACM may issue
an order to the user directing it to cease and desist all such violations
and directing the user to:
A. Immediately comply with all requirements.
B. 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.
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Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
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[Ord. 486, 3/21/2002, § 10.6]
1. When MACM finds that a user has violated, or continues to violate,
any provision of this Part, a wastewater discharge permit or order
issued hereunder, or any other pretreatment standard or requirement,
MACM may assess a civil penalty in an amount not to exceed $25,000
per day for each violation. Each violation for each separate day shall
constitute a separate and distinct offense. MACM may recover its costs
for reestablishing the operating of the POTW in addition to any civil
penalty imposed hereunder. In addition, MACM may recover attorney's
fees, all court costs, and all other expenses of litigation to the
extent permitted by law.
2. Users desiring to dispute such fines must file a written request
for MACM to reconsider the fine along with full payment of the fine
amount within 30 days of being notified of the fine. Where a request
has merit, MACM 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. MACM may add the
costs of preparing administrative enforcement actions, such as notices
and orders, to the fine.
3. Issuance of an administrative fine shall not be a bar against, or
a prerequisite for, taking any other action against the user.
[Ord. 486, 3/21/2002, § 10.7]
1. MACM 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. MACM 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.
A. 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, MACM 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. MACM may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of MACM that the period of endangerment has passed, unless the termination proceedings in §
18-353 of this Part are initiated against the user.
B. 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 MACM prior to the date of any show cause or termination hearing under §
18-348 or §
18-353 of this Part.
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Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
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[Ord. 486, 3/21/2002, § 10.8]
1. In addition to the provisions in §
18-327 of this Part, any use who violates the following conditions is subject to discharge termination:
A. Violation of wastewater discharge permit conditions.
B. Failure to accurately report the wastewater constituents and characteristics
of its discharge.
C. Failure to report significant changes in operations or wastewater
volume, constituents, and characteristics prior to discharge.
D. Refusal of reasonable access to the user's premises for the purpose
of inspection, monitoring, or sampling.
E. Violation of the pretreatment standards in subpart B of this Part.
Such user will be notified of the proposed termination of its
discharge and be offered an opportunity to show cause under subpart
B of this Part why the proposed action should not be taken. Exercise
of this option by MACM shall not be a bar to, or a prerequisite for,
taking any other action against the user.