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:
(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)
