§ 53.150. NOTIFICATION OF VIOLATIONS; CONSENT ORDERS.

(A)

Notification of Violation. Whenever the City finds that any user has violated or is violating any of the provisions of this Chapter, or any prohibition, limitation or requirement contained herein, or any regulation promulgated by the City pursuant to this Chapter, the City may serve upon that user a written notice stating the nature of the violation. Within thirty (30) days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the notified user.

(B)

Consent Orders The City 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 Section 53.152(D) of this Chapter and shall be judicially enforceable.

(C)

Compliance Orders. When the Director finds that 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, 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 period, sewer may be disconnected 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 prerequisite for, taking any other action against the user.

(D)

Cease and Desist Orders . When the Director finds that 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, 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 violation and directing the user:

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 bar against, or a prerequisite for, taking any other action against the user.

(Ord. No. 22-94, passed 5/3/94; Ord. No. 4-02, § 33, passed 2/19/02; Ord. No. 61-09, § 7, passed 1/5/10)