When the Director finds that a user has violated, or continues to violate, any provision of this Part 2, an individual wastewater discharge permit or a general permit or order issued hereunder or any other pretreatment standard or requirement, the Director may serve upon that user a written notice of violation. Within 15 days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Director. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
The Director may enter into consent orders, assurances of compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 345-61 and 345-62 of this Part 2 and shall be judicially enforceable.
The Director may order a user which has violated, or continues to violate, any provision of this Part 2, an individual wastewater discharge permit or a general permit or order issued hereunder or any other 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 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 10 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in § 345-15 and required by § 345-32A. A show-cause hearing shall not be a bar against, nor a prerequisite for, taking any other action against the user.
When the Director finds that a user has violated,
or continues to violate, any provision of this Part 2, an individual
wastewater discharge permit or a general permit or order issued hereunder
or any other pretreatment standard or requirement, the Director may
issue an order to the user responsible for the discharge directing
that the user come into compliance within a specified time. If the
user does not come into compliance within the time provided, sewer
service may be discontinued, unless adequate treatment facilities,
devices or other related appurtenances are installed and properly
operated. Compliance orders may also contain other requirements to
address the noncompliance, including additional self-monitoring and
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
nor does a compliance order relieve the user of liability for any
violation, including any continuing violation. Issuance of a compliance
order shall not be a bar against, nor a prerequisite for, taking any
other action against the user.
When the Director finds that a user has violated,
or continues to violate, any provision of this Part 2, an individual
wastewater discharge permit or a general 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 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, nor a prerequisite
for, taking any other action against the user.
A.
When the Director finds that a user has violated,
or continues to violate, any provision of this Part 2, an individual
wastewater discharge permit or a general permit or order issued hereunder
or any other pretreatment standard or requirement, the Director may
fine, under applicable state law, such user in an amount not to exceed
the maximum fine allowed under state Law. 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.
B.
Unpaid charges, fines and penalties shall, after 30
calendar days, be assessed an additional penalty of 5% of the unpaid
balance, and interest shall accrue thereafter at a rate of 1 1/2%
per month. A lien against the user's property shall be sought for
unpaid charges, fines and penalties.
C.
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 10 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 user's appeal is successful, the payment, together
with any interest accruing thereto, shall be returned to the user.
The Director may add the costs of preparing administrative enforcement
actions, such as notices and orders, to the fine.
D.
Issuance of an administrative fine shall not be a
bar against, nor a prerequisite for, taking any other action against
the user.
The Director may immediately suspend a user's
discharge, after informal notice to the user, whenever such suspension
is necessary to stop an actual or threatened discharge, which reasonably
appears to present or cause an imminent or substantial endangerment
to the health or welfare of persons. The Director may also immediately
suspend a user's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW or which
presents, or may present, an endangerment to the environment.
A.
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Director may 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 endangerment to any individuals. The Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in § 345-65 of this Part 2 are initiated against the user.
B.
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 under § 345-60 or 345-65 of this Part 2.
C.
Nothing in this section shall be interpreted as requiring
a hearing prior to any emergency suspension under this section.
A.
In addition to the provisions in § 345-39 of this Part 2, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of individual wastewater discharge permit
or general permit conditions;
(2)
Failure to accurately report the wastewater constituents
and characteristics of its discharge;
(3)
Failure to report significant changes in operations
or wastewater volume, constituents and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring or sampling; or
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 345-60 of this Part 2 why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, nor a prerequisite for, taking any other action against the user.
