The control authority may issue orders without notice or opportunity for prior hearing, requiring compliance with standards developed under the authority of the act under 40 CFR 403.8(f)(1)(iii).
(1966 Code, sec. 32-132; 2001 Code, sec. 106-626; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
When the control authority finds that a user has violated or continues to violate any section of this article, a wastewater discharge permit or order issued under this article or any other pretreatment standard or requirement, the control authority may serve upon that user a written notice of violation. Within 14 days of the receipt date 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 control authority. 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 subdivision shall limit the authority of the control authority to take any action, including emergency action, without first issuing a notice of violation.
(1966 Code, sec. 32-132(1); 2001 Code, sec. 106-627; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
The control authority is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance with this article. Such documents will include the specific action to be taken by the user to correct the noncompliance within a time period also specified by the document. Such document shall have the same force and effect as the administrative orders issued pursuant to sections 106-630 and 106-631 and shall be judicially enforceable.
(1966 Code, sec. 32-132(2); 2001 Code, sec. 106-628; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
The control authority may order a user which has violated or continues to violate any section of this article, a wastewater discharge permit or order issued under this article or any other pretreatment standard or requirement to appear before the control authority 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 ten days prior to the hearing. Such notice may be served on any authorized representative of the user. A show of cause hearing shall not be a bar against or prerequisite for taking any other action against the user. Whether or not a duly notified user appears as noticed, immediate enforcement action may be pursued. Since the user will have already been in SNC to necessitate the show cause hearing, any action taken as a result of the hearing shall be in addition to any penalties levied for the SNC.
(1966 Code, sec. 32-132(3); 2001 Code, sec. 106-629; Ordinance 25-2002, sec. 1, adopted 4/2/02; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
When the control authority finds that a user has violated or continues to violate any section of this article, a wastewater discharge permit or order issued under this article or any other pretreatment standard or requirement, the control authority 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 and/or water 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 the installation of pretreatment technology, 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.
(1966 Code, sec. 32-132(4); 2001 Code, sec. 106-630; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
When the control authority finds that a user has violated or continues to violate any section of this article, a wastewater discharge permit or order issued under this article or any other pretreatment standard or requirement or that the user’s past violations are likely to recur, the control authority 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 preventative 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 bar against or a prerequisite for taking any other action against the user.
(1966 Code, sec. 32-132(5); 2001 Code, sec. 106-631; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
When the control authority finds that a user has violated or continues to violate any section of this article, a wastewater discharge permit or order issued under this article or any other pretreatment standard or requirement, the control authority may fine such a user in an amount not to exceed $2,000.00. Such fine shall be assessed on a per-violation, per-day basis. For monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. Such assessments may be added to the user’s next scheduled sewer service charge, and the control authority shall have such other collection remedies as he has to collect other service charges.
(b) 
Unpaid charges, fines, and penalties shall, after 14 calendar days, be assessed an additional penalty of ten percent of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month for every month unpaid up to a maximum of ten percent per month.
(c) 
A user desiring to dispute such fine must file a written request for the control authority to reconsider the fine along with full payment of the fine amount within ten days of being notified of the fine. When the control authority believes a request has merit, the control authority may convene a hearing on the matter within 15 days of receiving a request from the user. If the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The control authority 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.
(1966 Code, sec. 32-132(6); 2001 Code, sec. 106-632; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
The control authority may immediately suspend a user’s discharge and/or water service, 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 control authority may also immediately suspend a user’s discharge and/or water service, after notice and opportunity to respond, that threatens to interfere with operation of the publicly owned treatment works or which presents, or may present, an endangerment to the environment.
(b) 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. If a user fails to immediately comply voluntarily with the suspension order, the control authority may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the publicly owned treatment works, its receiving stream, or endangerment to any individuals. The control authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the control authority that the period of endangerment has passed, unless the termination proceedings in section 106-634 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, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the control authority prior to the date of any show cause or termination hearing under section 106-629 or 106-634.
(d) 
Nothing in this subdivision shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(1966 Code, sec. 32-132(7); 2001 Code, sec. 106-633; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
In addition to section 106-765, any user who violates the following conditions is subject to discharge termination:
(1) 
Violation of 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, sampling or industry categorization verification;
(5) 
Violation of the pretreatment standards in subdivision II of division 4 of this article;
(6) 
Violation of any applicable state or federal law; or
(7) 
Tampering with sampling equipment, sampling lines, or otherwise interfering with sampling or samples collected for the purpose of influencing or manipulating sample test results.
(b) 
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 106-629 why the proposed action should not be taken. Exercise of this option by the control authority shall not be a bar to or a prerequisite for taking any other action against the user.
(1966 Code, sec. 32-132(8); 2001 Code, sec. 106-634; Ordinance 25-2002, sec. 1, adopted 4/2/02; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)
(a) 
Each wastewater discharge use permit issued to an industrial user, and as a condition of issuing such permit, shall contain the following:
“In the event that the control authority determines that any user is in violation of any provisions of Chapter 106, Article VIII of the Code of Ordinances of the City of Wichita Falls, Texas, its wastewater discharge permit, or orders issued hereunder, or any other pretreatment standard or requirement, the control authority shall notify the user of such violation and require the user to cure the violation within the time specified in the notice. The user shall respond in writing to the notice of violation within 10 business days from receipt of such notice, setting forth the steps taken to correct the violation. The control authority may extend the time for such response upon a showing of just cause by the user. If the control authority determines that the user is continuing the violation, the control authority may assess liquidated damages at a minimum of $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 control authority 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.
(1966 Code, sec. 32-132(9); 2001 Code, sec. 106-635; Ordinance 25-2002, sec. 1, adopted 4/2/02; Ordinance 20-2020, sec. 1, adopted 4/7/20; Ordinance 12-2021 adopted 4/20/21)