The Plant Superintendent or Member Entity may serve a written Notice of Violation on any User that has violated any provision of this Policy. In all cases, each day of continued violation of a provision of this Policy is a separate violation. Users shall, in response to a Notice of Violation, provide the Plant Superintendent a written explanation of the violation, its cause, and a corrective action plan within thirty (30) days of receiving this notice. Users submitting plans to correct noncompliance must include the specific actions they will take to correct ongoing and prevent future violations at the earliest practicable date. Acceptance of a plan by the Plant Superintendent and/or Member Entity does not relieve a User of liability for any violations. The Plant Superintendent and/or Member Entity may also take emergency actions or other enforcement actions as deemed necessary to protect the POTW, the environment, or the health and welfare of the general public, without first issuing a Notice of Violation. Exercise of one or more enforcement options by the TRRWA or a Member Entity shall not be a bar to, or a prerequisite for, taking any other action against the User.
The Plant Superintendent and Member Entity may enter into a Compliance Agreement or other voluntary agreement to memorialize agreements with Users to correct violations of any requirement of this Policy. 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 Sections 9.4 and 9.5 of this Policy.
The Plant Superintendent may propose enforcement actions in response to a violation of any provision of this Policy. The Plant Superintendent will notify the User of the violation, the enforcement action, the rationale, and the User's rights to provide evidence why the proposed enforcement action should not be taken, and to provide its support for any alternative it proposes. A User shall have the right to a review hearing to contest the enforcement action.
Any hearing pursuant to this Section must be requested by the User in writing within fifteen (15) business days after the User receives notice of the enforcement action. The User's written request for hearing shall be filed with the Plant Superintendent.
The hearing authorized by this Section shall be held before the Three Rivers Regional Wastewater Authority. Formal rules of evidence shall not apply, but the User, Plant Superintendent, and Member Entity shall have the right to present witnesses and other evidence. The Member Entity to which the User Discharges will not serve or vote on the Board for purposes of this hearing. The TRRWA shall issue a written decision within fourteen (14) business days of the conclusion of the hearing.
Any User shall have the right to make an electronic or stenographic record of the proceedings. Such record shall be made at the User's expense.
The TRRWA may by Resolution or Policy adopt additional rules for the conduct of hearings pursuant to this Section.
A review hearing shall not be a bar against, or prerequisite for, taking any other action against the User.
The TRRWA, after consulting with the Plant Superintendent and Member Entity, may issue a Compliance Order to any User that has violated any provision of this Policy. The Compliance Order may direct that the User come into compliance within a specified time, install and properly operate adequate treatment facilities or devices, or take such other measures as the TRRWA and Member Entity find necessary.
These measures may include additional self-monitoring and Best 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, or relieve a User of liability for any violation, including a continuing violation. If the User does not come into compliance within the time provided, 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 User.
When TRRWA and/or Member Entity find that a User has violated, or continues to violate, any provision of this Policy, 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 TRRWA may, after consultation with the Plant Superintendent and Member Entity, issue an Order to the User directing it to cease and desist all such violations and directing the 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 User.
A.
When the TRRWA and Member Entity find that a User has violated, or continues to violate, any provision of this Policy, a Wastewater Discharge Permit or Order issued hereunder, or any other pretreatment standard or requirement, the TRRWA may, after consultation with the Plant Superintendent and Member Entity, recommend fines against such User.
B.
Any violation of this Policy which has caused the TRRWA to violate its NPDES Permit may result in the Washington State Department of Ecology levying a fine against the TRRWA. In that event, the TRRWA may fine any User whose discharge has been identified for causing the permit violation an amount equal to the Washington State Department of Ecology fine imposed upon the TRRWA. 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.
C.
The TRRWA and Member Entity may add the costs of any emergency response, additional monitoring, investigation, and administrative costs related to investigating and/or enforcing the noncompliance situation, to the amount of the fine.
D.
The TRRWA and Member Entity will consider the benefit gained by a User as a result of the noncompliance in cases where there appears to have been a benefit from not complying. In such cases, the TRRWA and Member Entity shall ensure that fines, to the maximum amounts allowable, exceed the benefit to the User from the noncompliance.
E.
Unpaid charges, fines, and penalties shall, at thirty (30) calendar days past the due date, be assessed an additional penalty of one percent (1%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1%) per month, or at the rate allowed by law if different from the foregoing. After thirty (30) days, the TRRWA and Member Entity shall be authorized to pursue permit revocation or suspension of service for unpaid charges, fines, and penalties.
F.
Users desiring to dispute such fines must file a written request with the TRRWA to reconsider the fine within fifteen (15) working days of being notified of the fine. The TRRWA shall convene a hearing on the matter pursuant to Section 9.3 of this Policy. In the event the User's appeal is successful, the TRRWA and Member Entity shall reduce or eliminate the fine as determined appropriate by the TRRWA.
G.
Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the User.
The TRRWA and/or Member Entity may order an immediate suspension of a User's discharge (or threatened discharge) when it reasonably appears to present a substantial danger to the health or welfare of persons, threatens to interfere with the operation of the POTW, or which may present a danger to the environment.
A.
Any User notified of a suspension of its discharge shall immediately stop or eliminate its discharge. If a User fails to immediately comply voluntarily with the suspension order, the TRRWA and/or Member Entity may take such steps as deemed necessary to protect the public and its interest in the POTW. Remedies available include immediately severing the sewer connection, at the User's expense, turning off pump stations downstream of the User, and partnering with law enforcement. The TRRWA and/or Member Entity may not allow the User to resume its discharge until the User has demonstrated to the satisfaction of the TRRWA and Member Entity that the situation warranting the suspension has been properly addressed.
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. Users shall submit this report to the TRRWA and Member Entity prior to the date of any show cause or termination hearing under Sections 9.3 and 9.8 of this Policy.
Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency suspension under this Section.
Any User who violates the following conditions is subject to having the privilege of discharging to the public sewer system withdrawn, including, but not limited to, blocking or severing the sewer discharge:
A.
Discharge of non-domestic wastewater without a Permit, when a Permit is required, including:
B.
Violation of Permit terms and conditions.
C.
Refusal of reasonable access to the 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 Section 2 of this Policy, including failure to satisfy Industrial User Survey requirements.