Division 8 — ADMINISTRATIVE ENFORCEMENT REMEDIES

SEC. 19-100. NOTIFICATION OF VIOLATION.

(A) When the city manager finds that a user has violated, or continues to violate, any provision of this article, an IWD permit or order issued hereunder, or any pretreatment standard or requirement, the city manager may serve upon that user a written notice of violation.

(B) (1) Within ten days of the service of such notice, the user shall submit to the city manager an explanation of the violation and a plan for the satisfactory correction and prevention thereof, including specific required actions.

(2) 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.

(C) Nothing in this section shall limit the authority of the city manager to take any action, including emergency action or any other enforcement action, without first issuing a notice of violation.

(`64 Code, Sec. 25-66) (Ord. No. 2494)

SEC. 19-101. CONSENT ORDERS.

The city manager may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for the noncompliance. Such documents shall 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 19-103 and 19-104 of this article.

(`64 Code, Sec. 25-67) (Ord. No. 2494)

SEC. 19-102. ORDER TO SHOW CAUSE.

(A) The city manager may order a user that has violated, or continues to violate, any provision of this article, an IWD permit or an order issued hereunder, or any other pretreatment standard or requirement, to appear before the city manager 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.

(B) The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the meeting. Such notice may be served on any authorized representative of the user. An order to show cause shall not be a bar against, or prerequisite for, taking any other action against the user.

(`64 Code, Sec. 25-68) (Ord. No. 2494)

SEC. 19-103. ADMINISTRATIVE COMPLIANCE ORDERS.

(A) When the city manager finds that a user has violated, or continues to violate, any provision of this article, an IWD permit or an order issued hereunder, or any other pretreatment standard or requirement, the city manager 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 until such time as the conditions of the administrative order have been satisfied.

(B) Issuance of an administrative compliance order shall not be a bar against, or a prerequisite for, the taking of any other action against the user.

(`64 Code, Sec. 25-69) (Ord. No. 2494)

SEC. 19-104. CEASE AND DESIST ORDERS.

(A) When the city manager finds that a user has violated, or continues to violate, any provision of this article, an IWD permit or order issued hereunder, or any pretreatment standard or requirements, or that the user's past violations are likely to recur, the city manager may issue an order to the user directing the user to cease and desist all such violations and directing the user to:

(1) Immediately comply with all applicable 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.

(B) Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, the taking of any other against the user.

(`64 Code, Sec. 25-70) (Ord. No. 2494)

SEC. 19-105. ADMINISTRATIVE FINES.

(A) When the city manager finds that a user has violated, or continues to violate, any provision of this article, an IWD permit or an order issued hereunder, or any pretreatment standard or requirement, the city manager may issue an administrative complaint alleging the act or failure to act that constitutes the violation, the provisions of law authorizing imposition of the administrative fine, and the proposed administrative fine.

(B) The administrative complaint shall be served by personal delivery or certified mail on the user and shall inform the user that a hearing shall be conducted within 60 days after the user has been served. The hearing officer shall be the public works director or designee. The user may waive the right to a hearing, in which case the

hearing officer shall not conduct the hearing and decide the matter based upon the administrative complaint. Any user dissatisfied by the decision of the hearing officer may appeal the hearing officer's decision to the city council within 30 days of notice of the hearing officer's decision.

(C) The city manager may recommend, and the hearing officer and city council may impose, administrative fines as follows:

(1) In an amount not to exceed $2,000 per day for failing or refusing to furnish a self-monitoring report or any other technical report required by this article;

(2) In an amount not to exceed $3,000 per day for failing or refusing to timely comply with any compliance schedule order by the city manager;

(3) In an amount to exceed $5,000 per violation per day for discharges in violation of discharge standards or limits, permit conditions, or prohibitions issued, reissued, or adopted by the city manager; and

(4) In an amount not to exceed $10 per gallon for discharges in violation of any suspension, cease-and-desist order or other orders, or prohibitions issued,

reissued, or adopted by the city manager.

(D) The amount of any administrative fine imposed under this section, which remains delinquent for a period of 60 days or more, shall accrue interest at a standard rate of ten percent. Further, the amount of any administrative fine and interest accrued that remains delinquent after 60 days shall constitute a lien against the real property of the user from which the discharge originated.

(E) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action, whether criminal or civil, against the user.

(`64 Code, Sec. 25-71) (Ord. No. 2494)

SEC. 19-106. EMERGENCY SUSPENSIONS.

(A) The city manager may immediately suspend a user's permission to discharge into the system, whenever such suspension is necessary to stop an actual or threatened discharge that could or does cause an imminent or substantial endangerment to the operation of the system, to the environment or the public health, safety or welfare. The city manager may also immediately suspend a user's discharge, after the user is given notice and opportunity to respond, that threatens to interfere with the operation of the system, or that presents, or may present, an endangerment to the environment or the public health, safety or welfare.

(B) Any user notified of the suspension of the user's permission to discharge into the system shall immediately halt discharge into the system. In the event any user fails to immediately comply voluntarily with the suspension order, the city manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the system, the receiving waters, to the environment or the public health, safety or welfare. The city manager may allow the user to recommence discharge when the user has demonstrated to the satisfaction of the city manager that the threat of endangerment has passed, unless the termination proceedings set forth in section 19-107 of this article are initiated against the user.

(C) 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 or potentially harmful discharge and the measures taken to prevent any such future occurrence, to the city manager before the date of any order to show cause or termination hearing under sections 19-102 and 19-107 of this article.

(D) Nothing in this section shall be interpreted as requiring any hearing before issuance of any suspension order and the taking of any action permitted under this section.

(`64 Code, Sec. 25-72) (Ord. No. 2494)

SEC. 19-107. TERMINATION OF DISCHARGE.

(A) In addition to all other remedies available under this article, federal, State and local law, the city manager may terminate any user's permission to discharge into the system if the user does any of the following acts:

(1) Violates IWD permit conditions;

(2) Fails to accurately report the wastewater constituents and characteristics of the user's discharge;

(3) Fails to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;

(4) Refuses reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; or

(5) Violates the pretreatment standards in division 3 of this article.

(B) Any user violating the provisions in subsection (A) will be notified of the proposed termination of the user's permission to discharge into the system and be offered an opportunity to show cause under section 19-102 of this article why the proposed action should not be taken. Exercise of this option by the city manager shall not be a bar to, or a prerequisite for, taking any action, whether criminal or civil, against the user.

(`64 Code, Sec. 25-73) (Ord. No. 2494)