The Washington State Department of Ecology is charged with permitting and regulating significant industrial users of the city POTW. Except for emergency actions, it shall be the policy of the director to coordinate actions in regard to control of such users with Ecology until such time as a local pretreatment program for the city may be authorized by the state. Failure to do so, however, shall not invalidate any action of the city authorized by this chapter.
(Ord. 1221 § 1, 1996)
(1) 
Whenever the director finds that any industrial user has violated or is continuing to violate any provision of this chapter, or order issued hereunder, the director may serve upon such industrial user written notice of the violation.
(2) 
Within 10 days of receipt of a notice of violation, the user shall submit an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions to the director. 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.
(3) 
Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(Ord. 1221 § 1, 1996)
(1) 
The director is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any industrial user responsible for noncompliance. Such consent orders shall include a specific action to be taken by the industrial user to correct the noncompliance within a time schedule also specified by the consent order.
(2) 
Compliance schedules, when included in consent orders, may not extend the compliance date beyond any applicable state or federal deadlines. Consent orders shall have the same force and effect as compliance orders issued pursuant to WMC § 14.24.340 and shall be judicially enforceable.
(3) 
Failure to comply with any terms or requirements of a consent order by the user shall be an additional and independent basis for termination of wastewater services, including collection and treatment, or for any other enforcement action authorized under this chapter and deemed appropriate by the director.
(Ord. 1221 § 1, 1996)
(1) 
Whenever the director finds that a user has violated, or continues to violate, any provision of this chapter, or order issued hereunder, the director may issue a compliance order to the industrial user responsible for the violation directing that, following a specified time period, wastewater services, including collection and treatment, shall be discontinued and/or applicable penalties imposed unless adequate pretreatment facilities, devices or other related appurtenances have been installed and are properly operated and maintained.
(2) 
Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including, but not limited to, the installation of pretreatment technology, 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 beyond any applicable state or federal pretreatment standard or requirement, nor does a compliance order release the industrial user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the industrial user.
(3) 
Failure to comply with any terms or requirements of a compliance order by the industrial user shall be an additional and independent basis for termination of wastewater services, including collection and treatment, or for any other enforcement action authorized under this chapter and deemed appropriate by the director.
(Ord. 1221 § 1, 1996)
(1) 
A user shall be afforded the opportunity to an administrative hearing to contest the city's determination to suspend services, impose penalties, recover costs, or establish compliance schedules. A user shall also have the right to a hearing prior to termination of the user's wastewater services.
(2) 
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 on an authorized representative of the user (return receipt requested) at least 15 days prior to the scheduled hearing date.
(3) 
A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(Ord. 1221 § 1, 1996)
(1) 
When the director finds that a user has violated (or continues to violate) any provision of this chapter, a wastewater discharge permit or order by Ecology, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur and may cause a violation of the POTW's NPDES permit, the director may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(a) 
Immediately cease such actions or discharges as described;
(b) 
Comply with all applicable pretreatment standards and requirements;
(c) 
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.
(2) 
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(Ord. 1221 § 1, 1996)
(1) 
The director may immediately suspend wastewater services including collection and treatment, after informal notice to the user, if it appears to the city that such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to either the environment, normal operation of the POTW, or the health or welfare of any person or the general public.
(2) 
Any user notified of a suspension of its discharge shall immediately cease all wastewater discharges. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director shall 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 the danger to the public. The director may allow the user to recommence its discharge when the user has demonstrated that the period of endangerment has passed unless the termination processings in WMC § 14.24.380 are initiated against the user.
(3) 
It is unlawful for any person to prevent or attempt to prevent the city from terminating wastewater services in an emergency situation, by barring entry, by physically interfering with city employees or contractors, or by any other means.
(4) 
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 director prior to the date of any show cause or termination hearing authorized by this chapter.
(5) 
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ord. 1221 § 1, 1996)
(1) 
The director shall have authority to terminate wastewater services, including collection and treatment, for any user upon determining that such user has:
(a) 
Refused access allowed by this chapter thereby preventing the implementation of any purpose of this chapter;
(b) 
Violated any provision of this chapter including the discharge prohibitions and standards of Article II; or
(c) 
Violated any lawful order of the city issued with respect to this chapter.
(2) 
For users holding permits to discharge to the POTW, violation of the following conditions is also grounds for terminating discharge services:
(a) 
Failure to accurately report wastewater constituents and characteristics;
(b) 
Failure to report significant changes in operations or wastewater constituents or characteristics;
(c) 
Violation of any condition of the user's waste discharge permit.
(3) 
Issuance of a termination order by the city shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 1221 § 1, 1996)