The director shall establish enforcement procedures consistent with the provisions of these pretreatment regulations. The director shall adopt an enforcement response plan consistent with the requirements of state law. Such plan shall ensure that the application of remedies provided for in Articles IX through XI of these regulations is appropriate to the violation, and consistent with the treatment of other nondomestic users. Any person may review or obtain a copy in accordance with applicable local, state and federal public records policies of the enforcement response plan by contacting the control authority. In response to noncompliance with any requirement of these pretreatment regulations, the control authority shall apply its enforcement response plan, which shall be incorporated into the enforcement procedures.
(Ord. 2839 § 1 (Exh. A), 2024)
The director may serve a written notice of violation on any nondomestic user that the director finds has violated, or continues to violate, any provision of these pretreatment regulations, including terms or requirements of a permit, order, or a pretreatment standard or requirement. Nondomestic users shall, in response to a notice of violation, provide the director a written explanation of the violation, its cause, and a corrective action plan within 14 calendar days of receiving this notice. Nondomestic users submitting plans to correct noncompliance must include the specific actions they will take to correct ongoing and prevent future violations at the soonest practicable date. The director's acceptance of a plan does not relieve a nondomestic user of liability for any violations. The director may also take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(Ord. 2839 § 1 (Exh. A), 2024)
The director may enter into a consent order or other voluntary agreement to memorialize agreements with nondomestic users violating any requirement of these pretreatment regulations. Such agreements must include the specific action(s) required and date(s) they are to be completed to correct the noncompliance. Such documents must be constructed in a judicially enforceable manner and have the same force and effect as administrative orders issued pursuant to SMC § 13.18.1150 and § 13.18.1160.
(Ord. 2839 § 1 (Exh. A), 2024)
The director may order a nondomestic user that has violated or continues to violate any provision of these pretreatment regulations, a wastewater discharge permit, order, 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 nondomestic 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 five days prior to the meeting. Such notice may be served on any authorized representative of the user. A compliance review meeting shall not be a bar against, or prerequisite for, taking any other action against the nondomestic user.
(Ord. 2839 § 1 (Exh. A), 2024)
The director may issue a compliance order to any nondomestic user which has violated any provision of these pretreatment regulations including a requirement of a permit, order, or a pretreatment standard or requirement. The compliance order may direct that the nondomestic user come into compliance within a specified time, install and properly operate adequate treatment facilities or devices, or take such measures as the director finds are reasonably necessary. These measures may include additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the POTW. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, or relieve a user of liability for any violation, including a continuing violation. If the nondomestic user does not come into compliance within the time provided, sanitary sewer service may be discontinued. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the nondomestic user.
(Ord. 2839 § 1 (Exh. A), 2024)
When the director finds that a nondomestic user has violated, or continues to violate, any provision of these pretreatment regulations, 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 all such violations and directing the nondomestic user to:
A. 
Immediately comply 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 shall not be a bar against, or a prerequisite for, taking any other action against the nondomestic user.
(Ord. 2839 § 1 (Exh. A), 2024)
A. 
When the director finds that a nondomestic user has violated, or continues to violate, any provision of these pretreatment regulations, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director may fine such nondomestic user in an amount not to exceed $5,000. 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 may be assessed for each day during the period of violation.
B. 
The director may add the costs of any emergency response, additional monitoring, investigation, and administrative costs related to the noncompliance and the director's response to the situation to the amount of the fine.
C. 
The director will consider the economic benefit enjoyed by a user as a result of the noncompliance in cases where there appears to have been a monetary benefit from not complying. In such cases, the director shall ensure that fines, to the maximum amounts allowable, exceed the benefit to the nondomestic user from the noncompliance.
D. 
Unpaid charges, fines, and penalties shall, at 30 calendar days past the due date, be assessed an additional penalty at a rate established by the control authority, and interest shall accrue thereafter at a rate established by the control authority. After 30 calendar days the control authority, on its own behalf or as an authorized agent of a contributing jurisdiction, shall be authorized to file a lien against the user's property for unpaid charges, fines, and penalties.
E. 
Nondomestic users desiring to dispute such fines must file a written request for the director to reconsider the fine along with full payment of the fine amount within 15 business days of being notified of the fine. Where a request has merit, the director may convene a hearing on the matter. In the event the nondomestic user's appeal is successful, the director shall rebate the difference between the initial and final penalty amounts to the nondomestic user.
F. 
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the nondomestic user.
(Ord. 2839 § 1 (Exh. A), 2024)
The director may immediately suspend a nondomestic user's authorization to discharge to the POTW when the discharge reasonably appears to present a substantial danger to the health or welfare of persons. In such cases, the director will first provide informal notice to the nondomestic user. The director may also immediately suspend nondomestic user's authorization to discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, a danger to the environment.
A. 
Any nondomestic user notified of a suspension of authorization to discharge to POTW shall immediately stop or eliminate the discharge. If a nondomestic user fails to immediately comply voluntarily with the suspension order, the director may take such steps as deemed necessary to protect the public and its interest in the POTW. Remedies available to the director include immediately severing the sanitary sewer connection, at the users expense, turning off pump stations downstream of the nondomestic user, and partnering with law enforcement. The director may not allow the nondomestic user to recommence its discharge until the nondomestic user has demonstrated to the satisfaction of the director that the situation warranting the suspension has been properly addressed and any proposed termination proceeding has been resolved.
B. 
Any nondomestic 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. Nondomestic users shall submit this report to the director prior to the date of any compliance review meeting or termination hearing under SMC § 13.18.1130 and § 13.18.1180, respectively.
(Ord. 2839 § 1 (Exh. A), 2024)
Any nondomestic user who violates any of the following conditions is subject to having the privilege of discharging to the POTW withdrawn:
A. 
Discharge of nondomestic wastewater without a permit or other control document, including:
1. 
Where the appropriate permit or control document has not been requested;
2. 
Where the appropriate permit or control document has not yet been issued; or
3. 
Where the permit or control document has been denied or revoked based on the provisions of SMC § 13.18.650 (Wastewater discharge permit revocation).
B. 
Violation of permit or other control document terms and conditions including:
1. 
Exceeding any permit or control document limit;
2. 
Failing to meet other pretreatment standards or requirements;
3. 
Violating any prohibition; or
4. 
Failing to properly monitor and report discharges or changed conditions.
C. 
Refusal of reasonable access to the nondomestic user's premises for the purpose of inspection, monitoring, or sampling (whether subject to a permit or not).
D. 
Violation of the pretreatment standards and requirements in Article III of these pretreatment regulations, including failure to satisfy nondomestic user screening form requirements.
When the director determines this remedy is necessary and appropriate to fulfill the intentions of these pretreatment regulations, such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under SMC § 13.18.1130 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.
(Ord. 2839 § 1 (Exh. A), 2024; Ord. 2895 § 1 (Exh. A), 2024)