§ 24-272. Enforcement remedies.

(a)

Notification of violation. When the director finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the director may serve upon that user a written notice of violation. The notice of violation shall be served personally or by registered or certified mail (return receipt requested). Such notice may be served on any authorized representative of the user as defined in section 24-102 and required by section 24-142. Within 14 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.

(b)

Consent orders. After receipt of the submission of the required material, the director may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such documents shall include specific action to be taken by the user to correct the non-compliance within a time period specified by the document. Such documents shall have the same force and effect as the enforcement orders issued pursuant to subsections (d) and (e) of this section and shall be judicially enforceable.

(c)

Show cause hearing. After the submission of the required material by a user, or his failure to do so, the director may order a user which has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the code enforcement board 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 14 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in section 24-102 and required by section 24-142. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

(d)

Compliance orders. When the code enforcement board finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the code enforcement board 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 also may contain other requirements to address the non-compliance, 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, or a prerequisite for, taking any other action against the user.

(e)

Cease and desist orders. When the code enforcement board finds that a user has violated, or continues to violate, any provision of this article, an individual 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 code enforcement board may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(1)

Immediately comply with all requirements; and

(2)

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.

(f)

Administrative fines.

(1)

When the code enforcement board finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the code enforcement board may fine such user in an amount listed in Appendix A for each separate violation. Each day during which a violation occurs is a separate violation. 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.

(2)

Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 15 percent of the unpaid balance, and interest shall accrue thereafter at a rate of ten percent per annum. A lien against the user's property shall be sought for unpaid charges, fines, and penalties.

(3)

Users may appeal the code enforcement board's determination by pursuing judicial remedies.

(g)

Emergency suspensions. 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. Informal notice shall mean any communication which would reasonably notify the user of the violation. In the event that the director immediately suspends a user's discharge, after informal notice, the code enforcement board shall hold a hearing within 15 business days of the suspension. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least five business days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in section 24-102 and required by section 24-142. At such hearing, the code enforcement board shall consider whether the suspension continues to be justified and required.

(h)

Suspension after hearing. The code enforcement board 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. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 14 days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in section 24-102 and required by section 24-142.

(1)

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 code enforcement board 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 code enforcement board 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 section 24-272(c) of this article are initiated against the user.

(2)

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 sections 24-272 (c) or (i) of this article. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(i)

Termination of discharge. In addition to the provisions in section 24-232(a) of this article, any user who violates the following conditions is subject to discharge termination:

(1)

Violation of individual wastewater discharge 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

(5)

Violation of the pretreatment standards in section 24-141 of this article. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 24-272(c) of this article why the proposed action should not be taken. Exercise of this option shall not be a bar to, or a prerequisite for, taking any other action against the user.

(j)

The remedies and procedures contained herein shall constitute an additional and supplemental means of obtaining compliance with the provisions of this Code.

( Ord. No. 16-16 , § 1, 9-6-16)