13.12.170 Administrative enforcement remedies.
(1) Notification of Violation. Whenever the superintendent finds that any industrial user has violated or is violating this chapter, a wastewater permit or order issued hereunder, or any other pretreatment requirement, the superintendent or his agent may serve upon said user a written notice of violation. Within 10 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 to the superintendent. 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 subsection shall limit the authority of the city to take emergency action without first issuing a notice of violation.
(2) Consent Orders. The superintendent is hereby empowered to enter into consent orders, assurance of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include specific action to be taken by the industrial user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to subsection (4) and (5) of this section and shall be judicially enforceable.
(3) Show Cause Hearing. The superintendent may order any industrial user which causes or contributes to violation(s) of this chapter, wastewater permits or orders issued hereunder, or any other pretreatment requirement to appear before the superintendent and show cause why a proposed enforcement action should not be taken. Notice shall be served on the industrial 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 10 days prior to the hearing. Such notice may be served on any authorized representative of the industrial user. Whether or not the industrial user appears as notified, immediate enforcement action may be pursued following the hearing date.
(4) Compliance Orders. When the superintendent finds that an industrial user has violated or continues to violate this chapter, permits or orders issued hereunder, or any other pretreatment requirement, he may issue an order to the industrial user responsible for the discharge directing that following a specific time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. Furthermore, the superintendent may continue to require such additional self-monitoring for at least 90 days after consistent compliance has been achieved, after which time the self-monitoring conditions in the discharge permit shall control.
(5) Cease and Desist Orders. When the superintendent finds that an industrial user has violated or continued to violate this chapter, permits of order issued hereunder, or any other pretreatment requirement, the superintendent may issue an order to the industrial user directing it to cease and desist all such violations and directing the user to:
(a) Immediately comply with all requirements.
(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.
(6) Administrative Fines. Notwithstanding any other section of this chapter, any user which is found to have violated any provision of this chapter, permits and orders issued hereunder, or any other pretreatment requirement shall be fined in an amount to be set by council resolution. 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 business day during the period of violation.
(a) Assessments may be added to the user’s next scheduled sewer service charge and the superintendent shall have such other collection remedies as may be available for other service charges and fees.
(b) Unpaid charges, fines, and penalties shall after 30 calendar days be assessed an additional penalty of 20 percent of the unpaid balance and interest shall accrue thereafter as a rate of seven percent per month. Furthermore, these unpaid charges, fines and penalties together with interest therefrom shall constitute a lien against the individual user’s property.
(c) Industrial users desiring to dispute such fines must file a written request for the superintendent to reconsider the fine along with full payment of the fine amount within 10 days of being notified of the fine. Where the superintendent believes a request has merit, he shall convene a hearing on the matter within 15 days of receiving the request from the industrial user. In the event the user’s appeal is successful, the payment together with any interest accruing thereto shall be returned to the industrial user. The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(7) Emergency Suspensions. The superintendent may suspend the wastewater permit of an industrial user for a period not to exceed 30 days 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, interferes with the operation of the municipal wastewater system, or which present, or may present, an endangerment to the environment.
(a) Any industrial user notified of a suspension of its wastewater permit shall immediately stop or eliminate its contribution. In the event of an industrial user’s failure to immediately comply voluntarily with the suspension order, the superintendent shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the system, its receiving stream, or endangerment to any individuals. The superintendent shall allow the industrial user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings set forth in subsection (8) of this section, Termination of Permit, are initiated against the user.
(b) An industrial user which 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 superintendent prior to the date of any show cause or termination hearing under subsections (3) and (8) of this section, Show Cause Hearing and Termination of Permit.
(8) Termination of Permit. In addition to those provisions in NBCC 13.12.120(6), Wastewater Permit Revocation, any industrial user which violates the following conditions of this chapter, wastewater permits or orders issued hereunder is subject to permit termination:
(a) Violation of 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.
Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and be offered an opportunity to show cause under subsection (3) of this section, Show Cause Hearing, why the proposed action should not be taken. (Ord. 2014 § 1, 2017; Ord. 1770 § 2, 1991; Ord. 1104 § 8(I), 1958)