When the DCO finds that a user has violated, or continues to
violate, any provision of this article, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
the DCO may serve upon that user a written notice of violation. Within
the time frame specified in the notice, which is usually, but not
always, [sic] 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 DCO. 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 DCO to take any action, including
emergency actions or any other enforcement action, without first issuing
a notice of violation.
(2005 Code, sec. 13.4.165)
The DCO may order a user which has violated, or continues to
violate, any provision of this article, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement
to appear before the DCO 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 (10) days prior to the
hearing. Such notice may be served on any authorized representative
of the user. A show cause hearing shall not be a bar against, or prerequisite
for, taking any other action against the user.
(2005 Code, sec. 13.3.166)
When the DCO finds that a user has violated, or continues to
violate, any provision of this article, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
the DCO 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.
(2005 Code, sec. 13.4.167)
(a) When the DCO finds that a user has violated, or continues to violate,
any provision of this article, 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
DCO 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 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 bar against,
or a prerequisite for, taking any other action against the user.
(2005 Code, sec. 13.4.168)
(a) The DCO may immediately suspend a user’s discharge, 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 DCO may also immediately suspend a user’s
discharge, 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 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 DCO or control authority may 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 DCO may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the DCO that the period of endangerment has passed, unless the termination proceedings in section
13.08.256 of this article 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 DCO prior to the date of any show cause or termination hearing under section
13.08.252 or
13.08.256 of this article.
(d) Nothing in this section shall be interpreted as requiring a hearing
prior to any emergency suspension under this section.
(2005 Code, sec. 13.4.169)
(a) In addition to the provisions in section
13.08.145 of this article, 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, or sampling; or
(5) Violation of the pretreatment standards in division 2 of this article.
(b) Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section
13.08.252 of this article why the proposed action should not be taken. Exercise of this option by the DCO shall not be a bar to, or a prerequisite for, taking any other action against the user.
(2005 Code, sec. 13.4.170)