§ 28-182. Administrative enforcement remedies.

(a)

Notification of violation. When the director of public works finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director of public works may serve upon that user a written notice of violation. Within thirty (30) days of the receipt of this 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 of public works. 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. Nothing in this section shall limit the authority of the director of public works to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(b)

Consent orders. The director of public works may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will 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 subsections (d) and (e) of this section and shall be judicially enforceable.

(c)

Show cause hearing. The director of public works may order a user which has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the director of public works 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 fourteen (14) days prior to the hearing. Such notice may be served on any authorized representative of the user. 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 director of public works finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director of public works 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 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, or a prerequisite for, taking any other action against the user.

(e)

Cease and desist orders. When the director of public works finds that a user has violated, or continues to violate, any provision of this division, a 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 director of public works 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)

Emergency suspensions. The director of public works 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 of public works 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.

(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 director of public works 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 of public works may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the superintendent that the period of endangerment has passed, unless the termination proceedings in subsection (g) of this section 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 of public works prior to the date of any show cause or termination hearing under subsections (c) or (g) of this section.

Nothing in this subsection shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(g)

Termination of discharge. In addition to the provisions in section 28-177(f) of this division, any user who violates the following conditions is subject to discharge termination:

(1)

Violation of 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 28-174 of this division.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under subsection (c) of this section why the proposed action should not be taken. Exercise of this option by the superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.

(h)

Administrative fines.

(1)

When the director of public works finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder. Or any other Pretreatment Standard or Requirement, the director of public works may fine such user in an amount not to exceed one thousand dollars ($1,000.00) per day per 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 thirty (30) calendar days, be assessed an additional penalty of an amount, as approved each year, of the unpaid balance, and interest shall accrue thereafter at the allowed interest. The city reserves the right and may pursue all permitted avenues to collected any and all unpaid charges, fines and penalties/interest to include a small claims court action filed in Jackson County District Court, as applicable.

(3)

Users desiring to dispute such fines must file a written request for the director of public works to reconsider the fine, along with full payment of the fine amount within ten (10) days of being notified of the fine. Where a request has merit, the director of public works 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 of public works may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

(4)

Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 99-12, § 2(10.1—10.7), 8-17-99; Ord. No. 2006-03, §§ 8, 10, 11, 1-24-06; Ord. No. 2010-11, § 10, 7-20-10)