When the Director 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 may serve upon that user a written notice
of violation. Within 10 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. 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 to take any action, including
emergency actions or any other enforcement action, without first issuing
a notice of violation.
The Director 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 §§
233-45 and
233-46 and shall be judicially enforceable.
The Director may order a user which 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 Director 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.
When the Director 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 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.