When the Superintendent, or his/her designee, 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 Superintendent, or his/her
designee, may serve upon that user a written notice of violation.
Within a specified number of 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 Superintendent, or his/her designee.
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
Superintendent, of his/her designee, to take any action, including
emergency actions or any other enforcement action, without first issuing
a notice of violation.
The Superintendent, or his/her designee, 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 §§
435-52 and
435-53 of this chapter and shall be judicially enforceable.
When the Superintendent, or his/her designee, 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 Superintendent, or his/her
designee, 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.