City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 13
Chapter 13.03A
Section 13.03A.0902
 

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:

  1. Consent Order.

The Plant Manager may enter into consent orders, 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 orders of this chapter and shall be judicially enforceable. Use of a consent order shall not be a bar against, or prerequisite for, taking any other action against the user.

  1. Show Cause Hearing.

The Plant Manager may order a user which has violated, or continues to violate, any provision of this chapter, a discharge permit, or order 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.

  1. Compliance Order.

When the Plant Manager finds that a user has violated, or continues to violate, any provision of this chapter, a permit or order issued hereunder, or any other pretreatment standard or requirement, the Plant 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 specified in the order, 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 non-compliance, 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.

  1. Cease and Desist Order.

When the Plant Manager finds that a user has violated, or continues to violate, any provision of this chapter, a 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 Plant Manager 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
    1. 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.

NOTE: Bracketed enumerations reference the numbering in the EPA Region 10 Model Ordinance of March 27, 2012.

Date Passed: Monday, November 9, 2020

Effective Date: Wednesday, December 16, 2020

ORD C35961 Section 59