[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
When the Program Administrator 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 Program Administrator may
serve upon that user a written notice of violation. Within fourteen
(14) 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 Program Administrator. 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 Program Administrator to take any
action, including emergency actions or any other enforcement action,
without first issuing a notice of violation.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
The Program Administrator 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 711.490 and 711.500 of this Chapter and shall be judicially enforceable.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
The Program Administrator 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 Program Administrator 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 fourteen (14) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in the definition of "authorized or duly authorized representative of the user in Section 711.040 and required by Section 711.200(A). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
When the Program Administrator 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 Program Administrator 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. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A.
When the Program Administrator 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 Program Administrator 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. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A.
When the Program Administrator 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 Program Administrator may fine such user in an amount as set forth in Section 100.220. 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.
B.
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
five percent (5%) per month. A lien against the user's property
shall be sought for unpaid charges, fines, and penalties.
C.
Users desiring to dispute such fines must file a written request
for the Program Administrator 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 Program Administrator
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 Program Administrator
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.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A.
The Program Administrator 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 Program Administrator 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 Program Administrator 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 Program Administrator may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Program Administrator that the period of endangerment has passed, unless the termination proceedings in Section 711.530 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 Program Administrator prior to the date of any show cause or termination hearing under Sections 711.480 or 711.530 of this Chapter.
B.
Nothing in this Section shall be interpreted as requiring a hearing
prior to any emergency suspension under this Section.
[Ord. No. 1244, 12-7-2015; Ord. No. 1333, 12-19-2022]
A.
In addition to the provisions in Section 711.270 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 711.480 of this Chapter why the proposed action should not be taken. Exercise of this option by the Program Administrator shall not be a bar to, or a prerequisite for, taking any other action against the user.
