Title 13 Public Utilities and Services
Chapter 13.03A Pretreatment
Article IX. Administrative Enforcement Remedies
Section 13.03A.0902 Other Administrative Options [9.2, 9.3, 9.4, 9.5]
Not by way of limitation of other enforcement remedies:
Consent Ord er.
The Plant Manager may enter into consent ord ers, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for non-compliance or as deemed appropriate. Such documents shall include specific action to be taken by the user to correct the problem or non-compliance within a time period specified by the document. Such documents shall have the same force and effect as other administrative ord ers of this chapter and shall be judicially enforceable. Use of a consent ord er shall not be a bar against, or prerequisite for, taking any other action against the user.
Show Cause Hearing.
The Plant Manager may ord er a user which has violated, or continues to violate, any provision of this chapter, a discharge permit, or ord er issued hereunder, or any other pretreatment standard or requirement, to appear before the Plant 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. The notice of the meeting shall be served or delivered personally or by registered or certified mail (return receipt requested) at least ten calendar 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.
Compliance Ord er.
When the Plant Manager finds that a user has violated, or continues to violate, any provision of this chapter, a permit or ord er issued hereunder, or any other pretreatment standard or requirement, the Plant Manager may issue an ord er 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 specified in the ord er, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance ord ers also may contain other requirements to address the non-compliance, including additional self- monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance ord er may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance ord er relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance ord er shall not be a bar against, or a prerequisite for, taking any other action against the user.
Cease and Desist Ord er.
When the Plant Manager finds that a user has violated, or continues to violate, any provision of this chapter, a discharge permit, or ord er issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Plant Manager may issue an ord er to the user directing it to cease and desist all such violations and directing the user to:
immediately comply with all requirements; and
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 ord er shall not be a bar against, or a prerequisite for, taking any other action against the user.
NOTE: Bracketed enumerations reference the numbering in the EPA Region 10 Model Ord inance of March 27, 2012.
Date Passed: Monday, November 9, 2020
Effective Date: Wednesday, December 16, 2020
ORD C35961 Section 59
