The director shall at least annually publish in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the city, a list of those significant industrial users which at any time during the previous twelve (12) months were determined to be in significant noncompliance as defined in section 13-2-104.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a) 
Whenever the director finds that a user has violated or continues to violate any provision of this division, a wastewater discharge permit, or order issued hereunder, or any pretreatment standard or requirement, the director shall issue a notice of violation.
(b) 
Users must respond to the notice of violation in accordance with the schedule with the information required and in the manner designated in the notice of violation.
(c) 
Submission of the information required by the notice of violation in no way relieves the user of liability for any violations occurring before or after the receipt of the notice of violation.
(d) 
Nothing in this section shall limit the authority of the director to take any additional action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
The director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the 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 administrative orders (compliance or cease and desist orders) issued pursuant to this division and shall be judicially enforceable. Issuance of a consent order shall not be a bar against, nor prerequisite for, taking any other action against the user.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
The director may order a user which has violated, contributed to a violation, or continues to violate any provision of this division, 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 hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. Whether or not a duly notified person appears as noticed, immediate enforcement action may be pursued. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
When the director finds that a user has violated or continues to violate this division, a wastewater discharge permit, or order issued hereunder, or any pretreatment standard or requirement, the director may issue an order to the user responsible for the discharge directing the user to come into compliance within a specified period of 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 and installation of additional pretreatment technologies 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.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a) 
When the director finds that a user has violated or continues to violate any provision of this division, a 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 director may issue an order to the user directing it to cease and desist of all such violations and directing the user to:
(1) 
Immediately comply with all requirements; and
(2) 
Take such appropriate remedial or preventive actions as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(b) 
Issuance of the cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
The director may immediately suspend a user’s discharge 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 POTW(s) or 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 director may take such steps as deemed necessary, including immediate severance of the sewer connection or water service, to prevent or minimize damage to the POTW(s), its receiving stream, or endangerment of any individuals. The director may allow the user to recommence the discharge or water service when the user has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless the termination proceedings in section 13-2-388 of this division are initiated against the user.
(2) 
If emergency suspension of a utility service is deemed necessary by the director, a hearing will subsequently be conducted by the director as soon as reasonably possible to determine the conditions which the user will have to meet before water or sewer service can be resumed. Prior to the hearing, 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.
(3) 
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
(a) 
In addition to the provisions of section 13-2-227, users who violate the following conditions are subject to discharge termination by the director:
(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, or sampling;
(5) 
Violation of the pretreatment standards contained in this division; or
(6) 
Other acts of omission or commission which result in the violation of the objectives of this division.
(b) 
Such users will be notified of the proposed termination of its discharge and offered an opportunity to show cause under section 13-2-384 of this division why the proposed action should not be taken. Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
Any person violating any of the provisions of this division, the regulation, or rules of the control authority, orders issued by the director, or orders of any court of competent jurisdiction, or who discharges or causes a discharge producing a deposit, obstruction, deterioration in effluent quality, or causes damage to or impairs the POTW(s) shall be liable for any expense, loss, or damage caused by such violation or discharge. The control authority may order the person to clean up, repair, replace, and pay for any expenses, loss, or damages caused by the act of commission or omission by the user and bill the user for the costs incurred by the control authority for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed cost shall constitute a violation of this division enforceable under the provisions of this chapter, including the penalty provisions. In addition, after notice to the user and failure of the user to pay or to perform as required by the control authority, the control authority may file suit in the appropriate court with jurisdiction in the amount of cost paid or incurred by the control authority and collect the amount as an itemized sworn account. The control authority may file such cost as a lien against the property.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
Any violation of the prohibitions or effluent limitations of this division, wastewater discharge permit, or order issued hereunder is hereby declared a public nuisance and shall be corrected or abated as directed by the director. Any person(s) creating a public nuisance shall be subject to all city ordinances governing nuisances, including reimbursing the control authority for any costs incurred in removing, abating, or remedying said nuisance. The control authority may file such cost as a lien against the property.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
The director may decline to reissue a wastewater discharge permit to any user who has failed to comply with the provisions of this division, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW(s) caused by its discharge.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)
The director may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this division, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first files a satisfactory bond or other approved security, payable to the control authority in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance.
(Ordinance 2011-01, sec. 1, adopted 1/11/11)