Whenever a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
(Ord. 1540 § 1, 2015)
A violation of any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the public works director. Any person(s) creating a public nuisance shall be subject to the provisions of Chapter 10.56 CMC, governing such nuisances, including reimbursing the city of Clarkston for any costs incurred in removing, abating, or remedying said nuisance.
(Ord. 1540 § 1, 2015)
The public works director may decline to reinstate wastewater collection and treatment service to any user whose wastewater services were suspended or terminated under the provisions of this chapter, unless such user, at the sole discretion of the public works director, either: (1) first files with the city of Clarkston a satisfactory bond, payable to the city of Clarkston, in a sum not to exceed a value determined by the public works director to achieve consistent compliance; or (2) first submits proof that the user has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge.
(Ord. 1540 § 1, 2015)
(1) 
In any enforcement action allowed under this chapter, the public works director may recommend, and the city of Clarkston may agree, to set aside all or portions of the recommended penalty amount in favor of requiring completion of a project of environmental benefit to the POTW of equal or greater value than the proposed penalty. Such projects must be proposed or agreed to in writing by the user.
(2) 
In recommending this option, the public works director shall consider all relevant circumstances, including, but not limited to, the following criteria: (a) the net environmental benefit, (b) the ability of the project to help achieve or ensure compliance, (c) the willingness of the party to change the circumstances that led to the noncompliance, and (d) the responsible party's technical and financial ability to successfully complete the project.
(3) 
In enforcement actions taken by the Department, the city of Clarkston may make written recommendations either for, or against, an innovative settlement agreement with a noncompliant user based on the above criteria.
(Ord. 1540 § 1, 2015)