(a) 
The city will use a phone call, personal contact, electronic mail, or facsimile as a preliminary communication to notify a user that a minor pretreatment deficiency has occurred.
(b) 
This informal communication will be an initial response to isolated minor deficiencies that occur which have no known harmful effects to the POTW and/or the environment and may also be used in conjunction with other enforcement activities where appropriate.
(Ordinance 6444 adopted 1/3/22)
(a) 
The city will use a notice of deficiency (NOD) as an official communication to notify a user that a minor pretreatment deficiency has occurred.
(b) 
This written notice will be an initial response to isolated minor deficiencies which have no known harmful effects to the POTW and/or the environment.
(c) 
This written notice may also serve as an official communication where phone call(s), contact(s), electronic mail, or facsimile communications have been unsuccessful.
(d) 
The NOD may require a response, to include a corrective action, when deemed necessary by the city.
(e) 
If response is required, within ten (10) business days of receipt of such notice, the user must reply, acknowledging receipt of this notice, and the user's intended corrective actions.
(Ordinance 6444 adopted 1/3/22; Ordinance 6716 adopted 5/6/2024)
(a) 
The city will use a notice of violation (NOV) as an official communication to notify the user that a significant violation of this division, a wastewater discharge permit, an order issued hereunder, or any other pretreatment requirement has occurred or is continuing to occur.
(b) 
Within ten (10) business days of receipt of such notice, the user must reply, acknowledging receipt of this notice, and the user’s intended corrective actions.
(c) 
The city may extend the time for such a reply upon a showing of just cause by the user. Submission of this reply in no way relieves the user of liability for any violations occurring before or after receipt of the NOV.
(d) 
Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, prior to issuing an NOV.
(e) 
The issuance of an NOV shall not be a prerequisite to taking any other action against the user. An NOV may also be used as a vehicle to impose compliance schedules according to section 13.07.497 of this division.
(Ordinance 6444 adopted 1/3/22)
The city manager is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to sections 13.07.626 and 13.07.627 below and shall be judicially enforceable.
(Ordinance 6444 adopted 1/3/22)
The city manager may order any user which causes or contributes to violation(s) of this division, wastewater discharge permits, or orders issued hereunder, or any other pretreatment standard or requirement, to appear before the city manager and show cause why a 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 this 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 ten (10) business days prior to the hearing. Such notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be a prerequisite for taking any other action against the user.
(Ordinance 6444 adopted 1/3/22)
When the city manager finds that a user has violated or continues to violate this division, wastewater discharge permits or orders issued hereunder, or any other pretreatment standard or requirement, he may issue an order directing that the user come into compliance within the time specified in the order. If the user does not come into compliance within the specified time, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address noncompliance, including additional 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 federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.
(Ordinance 6444 adopted 1/3/22)
(a) 
When the city manager finds that a user is violating this division, the user’s wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past history indicates that violations are likely to recur, the city manager 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;
(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.
(b) 
Issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user.
(Ordinance 6444 adopted 1/3/22)
(a) 
The city manager may immediately suspend a user’s sewer service (after informal notice to the user) whenever such suspension is necessary in order 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 city manager may also immediately suspend a user’s sewer service (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 sewer service shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the city manager shall 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 city manager shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings set forth in section 13.07.629 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 to the city manager describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, prior to the date of any show cause or termination hearing identified in sections 13.07.625 and 13.07.629 of this division.
(d) 
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ordinance 6444 adopted 1/3/22)
(a) 
In addition to those provisions in section 13.07.466 of this division, any user that violates the following conditions of this division, wastewater discharge permits, or orders issued hereunder, is subject to termination of discharges:
(1) 
Significant violations of wastewater discharge permit conditions;
(2) 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) 
Failure to report planned 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;
(5) 
Significant violation of the pretreatment standards in part II of this division.
(b) 
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 13.07.625 of this division why the proposed action should not be taken.
(Ordinance 6444 adopted 1/3/22)
(a) 
Each wastewater discharge permit issued to an industrial user shall contain the following provisions:
“In the event that the city manager determines that any user is in violation of any provisions of Chapter 13, Article 13.07, Division 3 or 5 of the Water and Sewers and Sewage Disposal Ordinance, its Wastewater Discharge Permit, or orders issued hereunder, or any other Pretreatment Standard or Requirement, the city manager shall notify the user of such violation and require the user to cure the violation within the time specified in the notice. If the city manager determines that the user is continuing the violation, the city manager may assess Liquidated Damages at a minimum of one thousand dollars ($1,000.00) per violation, per day.”
(b) 
The user retains the right to seek review by the city council, of any damages assessed under this section and the wastewater discharge permit.
(c) 
Assessments may be added to the user’s next scheduled sewer service charge, and the city manager shall have such other collection remedies as may be available for other service charges and fees.
(d) 
Issuance of an assessment under this section shall not be a prerequisite for taking any other action against the user.
(Ordinance 6444 adopted 1/3/22)