1045.19 SHOW CAUSE HEARING FOR VIOLATIONS.
The Enforcing Officer may order any user who causes or contributes to violations of this chapter, wastewater discharge permits, or orders issued hereunder, or any other pretreatment standard or requirement, to appear before the Enforcing Officer and show cause why a 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 this 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 thirty days prior to the hearing. Such notice may be served on any authorized representative of the user. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be a prerequisite for taking any other action against the user. (Ord. 775. Passed 7-15-98.)
When the Enforcing Officer finds that a user has violated or continues to violate this chapter, wastewater discharge permits or orders issued hereunder, or any other pretreatment standard or requirement, the Enforcing Officer may issue an order to the user responsible for the discharge directing that the user come into compliance within thirty days. If the user does not come into compliance within thirty days, sewer service shall 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 Federal pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. The issuance of a compliance order shall not be a prerequisite to taking any other action against the user. Compliance orders, including milestone dates, may be incorporated as part of the terms and conditions of the industrial user’s wastewater discharge permit. (Ord. 775. Passed 7-15-98.)
1045.21 CEASE AND DESIST ORDERS.
When the Enforcing Officer finds that a user is violating this chapter, the user’s wastewater discharge permit, any order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Enforcing Officer 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.
The issuance of a cease and desist order shall not be a prerequisite to taking any other action against the user. (Ord. 775. Passed 7-15-98.)
1045.22 EMERGENCY SUSPENSIONS.
(a) The Enforcing Officer may immediately suspend a user’s discharge (after informal notice to the user) whenever such suspension is necessary in order 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 Enforcing Officer may also immediately suspend a user’s discharge (after notice and an opportunity to respond) that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.
(b) 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 Enforcing Officer shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or its receiving stream, or endangerment to any individual. The Enforcing Officer shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the POTW that the period of endangerment has passed, unless the termination proceedings set forth in Section 1045.23 are initiated against the user.
(c) A user who 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 Enforcing Officer, prior to the date of any show cause or termination hearing under Sections 1045.19 and 1045.23.
(d) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ord. 775. Passed 7-15-98.)
1045.23 TERMINATION OF DISCHARGE.
In addition to the provisions of Section 1045.12(0, any user that violates the following conditions of this chapter, wastewater discharge permits, or orders issued hereunder, is subject to discharge termination:
(a) Violation of wastewater discharge permit conditions.
(b) Failure to accurately report the wastewater constituents and characteristics of its discharge.
(c) Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge.
(d) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling.
(e) Violation of the pretreatment standards in Section 1045.09.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 1045.19 why the proposed action should not be taken
(Ord. 775. Passed 7-15-98.)
The Enforcing Officer may decline to reissue a wastewater discharge permit to any user who has failed to comply with the provisions of this chapter, or any orders or a previous wastewater discharge permit issued hereunder, unless such user first files a satisfactory bond, payable to the POTW, in a sum not to exceed a value determined by the Enforcing Officer to be necessary to achieve consistent compliance. (Ord. 775. Passed 7-15-98.)
The Enforcing Officer may decline to reissue a wastewater discharge permit to any user who has failed to comply with the provisions of this chapter or any order or a previous wastewater discharge permit issued hereunder, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. (Ord. 775. Passed 7-15-98.)