The Department is charged with permitting and regulating significant industrial users (SIUs) discharging to the city of Clarkston POTW. Except for emergency actions, it shall be the policy of the public works director to coordinate actions in regard to control of such users with the Department until such time as a local pretreatment program for the city of Clarkston may be authorized by the state. Failure to conduct such coordination, however, shall not invalidate any action of the city of Clarkston authorized by this chapter.
(Ord. 1384, 2004; Ord. 1540 § 1, 2015)
(1) 
Whenever the public works director finds that any user has violated or is continuing to violate any provision of this chapter, or an order issued hereunder, the public works director may serve upon such user written notice of the violation.
(2) 
Within 10 days of receipt of such notice of violation, the user shall submit to the public works director an explanation of the violation and a plan to satisfactorily correct and prevent the reoccurrence of such violation(s). The plan shall include specific actions the user will take, and the completion dates of each. 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 of Clarkston to take any action, including emergency actions or any other enforcement action without first issuing a notice of violation.
(Ord. 1384, 2004; Ord. 1540 § 1, 2015)
(1) 
The public works director and the city attorney are hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such consent orders shall include specific action to be taken by the 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 CMC 14.14.340 and shall be judicially enforceable. 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 public works director.
(Ord. 1384, 2004; Ord. 1540 § 1, 2015)
(1) 
Whenever the public works director finds that a user has violated, or continues to violate, any provision of this chapter, or order issued hereunder, the public works director may issue a compliance order to the user responsible for the violation. This order shall direct that adequate pretreatment facilities, devices, or other related appurtenances be installed and properly operated and maintained. The order shall specify that wastewater services, including collection and treatment, shall be discontinued and/or applicable penalties imposed unless, following a specified time period, the directed actions are taken.
(2) 
Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the violation or 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 deadlines, nor does a compliance order release the user from liability from any past, present, or continuing violation(s). Issuance of a compliance order shall not be a prerequisite to taking any other action against the user.
(3) 
Failure to comply with any terms or requirements of a compliance order by a user shall be an additional and independent basis for termination of wastewater services, including collection and treatment, or any other enforcement action authorized under this chapter and deemed appropriate by the public works director.
(Ord. 1384, 2004; Ord. 1540 § 1, 2015)
(1) 
A user shall be afforded the opportunity to a hearing to contest the city of Clarkston'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 a user's wastewater collection and treatment services.
(2) 
Notice shall be served on the user specifying the time and place for the hearing, 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 hearing shall be served on an authorized representative of the user (return receipt requested) at least 15 days prior to the scheduled hearing date.
(3) 
The hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(Ord. 1384, 2004; Ord. 1540 § 1, 2015)
(1) 
The public works director may issue a cease and desist order upon finding a user has or is violating either: this chapter, a wastewater discharge permit or order issued by the Department, or any other pretreatment standard or requirement. The decision to issue a cease and desist order shall consider the likelihood that a user's violations in conjunction with other discharges could cause a threat to the POTW, POTW workers, or the public, or cause pass through, interference, or a violation of the POTW's NPDES permit. The order issued by the public works director and prepared by the city attorney will direct the user to cease and desist all such violations and 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. 1384, 2004; Ord. 1540 § 1, 2015)
(1) 
The public works director may immediately suspend wastewater services, including collection and treatment, after informal notice to the user, if it appears to the city of Clarkston 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 wastewater discharge shall immediately cease all such discharges. In the event of a user's failure to immediately comply voluntarily with the suspension order, the public works 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 public works director may allow the user to recommence its discharge when the user has demonstrated that the period of endangerment has passed, unless the termination proceedings in CMC 14.14.380 are initiated against the user.
(3) 
It shall be unlawful for any person to prevent or attempt to prevent the public works director and/or city of Clarkston from terminating wastewater collection and treatment services in an emergency situation, by barring entry, by physically interfering with city of Clarkston 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 water/sewer superintendent prior to the date of any 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. 1384, 2004; Ord. 1540 § 1, 2015)
(1) 
The public works director shall have authority to terminate wastewater services, including collection and treatment, through the issuance of a termination order to 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 of this chapter; or
(c) 
Violated any lawful order of the city of Clarkston issued with respect to this chapter.
(2) 
For users holding permits to discharge to the city of Clarkston POTW, violation of the following conditions is also grounds for terminating discharge services:
(a) 
Failure to accurately report wastewater constituents or characteristics;
(b) 
Failure to report significant changes in operations or wastewater constituents or characteristics; or
(c) 
Violation of any term or condition of the user's waste discharge permit.
(3) 
Issuance of a termination order by the city of Clarkston shall not be a bar to, or a prerequisite for, taking any other action against the user.
(Ord. 1384, 2004; Ord. 1540 § 1, 2015)