If the pretreatment coordinator finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the pretreatment coordinator may serve upon that user a written notice of violation. Within five days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, must be submitted by the user to the pretreatment coordinator. Submission of the plan does not relieve the user of liability for any violation. Nothing in this section limits the authority of the pretreatment coordinator to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(Ord. 757 § 10, 2010; Ord. 816 § 4, 2019)
The pretreatment coordinator may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. These agreements must include a description of the specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 13.40.530 and 13.40.540 of this chapter and shall be judicially enforceable.
(Ord. 757 § 10, 2010; Ord. 816 § 4, 2019)
The pretreatment coordinator may order a user who has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, to appear before the city's administrative hearing officer and show cause why the proposed enforcement action should not be taken. Notice must be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for the proposed action, and the order that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting must be served personally or by registered or certified mail (return receipt requested) at least ten days prior to the hearing. The notice may be served on any authorized representative of the user and required by Section 13.40.220(A). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(Ord. 757 § 10, 2010; Ord. 816 § 4, 2019)
If the pretreatment coordinator finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the pretreatment coordinator may issue an order to the user, directing that the user come into compliance within a specified time. If the user does not come into compliance within the specified time, the right to discharge may be suspended 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 will 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 does not bar and is not a prerequisite for taking any other action against the user.
(Ord. 757 § 10, 2010; Ord. 816 § 4, 2019)
If the pretreatment coordinator finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, or that the user's past violations are likely to recur, the pretreatment coordinator may issue an order directing the user to cease and desist the violations and directing the user to:
A. 
Comply immediately with all requirements; and
B. 
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. Issuance of a cease and desist order does not bar and is not a prerequisite for, taking any other action against the user.
(Ord. 757 § 10, 2010; Ord. 816 § 4, 2019)
A. 
If the pretreatment coordinator finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other Pretreatment Standard or Requirement, the city may fine such user in an amount not to exceed one thousand dollars. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
B. 
Unpaid charges, fines, and penalties shall, after thirty calendar days, be assessed an additional penalty of ten percent of the unpaid balance, and interest shall accrue thereafter at a rate of one and one-half percent per month. A lien against the user's property shall be sought for unpaid charges, fines, and penalties.
C. 
Users desiring to dispute such fines must file a written request for the city to reconsider the fine along with full payment of the fine amount within ten days of being notified of the fine. Where a request has merit, the city may convene a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The pretreatment coordinator 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.
(Ord. 757 § 10, 2010; Ord. 816 § 4, 2019)
The pretreatment coordinator may immediately suspend a user's right to discharge, after informal notice to the user, whenever a suspension of that right is necessary to stop an actual or threatened discharge that reasonably appears to endanger the health or welfare of any person or persons. The pretreatment coordinator may also immediately suspend a user's right to discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW or that endangers the environment.
A. 
Any user notified of a suspension of its right to discharge must immediately stop discharging. In the event of a user's failure immediately and voluntarily comply with the suspension order, the pretreatment coordinator may take such steps as are necessary, including immediate severance of the sewer connection, to prevent or minimize damage or threat to the POTW, its receiving waters, person or persons or the environment. The pretreatment coordinator may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the pretreatment coordinator that the period of endangerment has passed, except when the termination proceedings in Section 13.40.570 have been initiated against the user.
B. 
A user that is responsible, in whole or in part, for any discharge presenting imminent danger shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the pretreatment coordinator prior to the date of any show cause or termination hearing under Section 13.40.520 or 13.40.570.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ord. 757 § 10, 2010; Ord. 816 § 4, 2019)
In addition to the provisions in Section 13.40.290 of this chapter, any user who violates the following conditions is subject to discharge termination:
A. 
Violation of individual wastewater discharge permit or general permit conditions;
B. 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
C. 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
D. 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
E. 
Violation of the Pretreatment Standards in Article 2 of this chapter.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 13.40.520 why the proposed action should not be taken. Exercise of this option by the pretreatment coordinator shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 757 § 10, 2010; Ord. 816 § 4, 2019)