Section 2825. Enforcement
Administrative Enforcement Remedies.
Notice of violation (NOV). When the Superintendent 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 Superintendent may serve upon that user a written NOV. Within 30 days of receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, which must include specific required actions, shall be submitted by the user 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 NOV.
Consent orders. The Superintendent may enter into consent orders, assurances of voluntary compliance or other 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 Subsections E and F of this section and shall include language which make them judicially enforceable. Such orders may require the payment of administrative fines pursuant to Section 2826(A)(1).
Show cause hearing. The Superintendent may order a user which has violated or continues to violate any provision of this Ordinance, a wastewater discharge permit, or order issued hereunder or any other pretreatment standard or requirement to appear before the Superintendent and show cause why the proposed enforcement 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 personally by the Superintendent or by registered or certified mail, return receipt requested, at least 14 days prior to the hearing. Such notice may be served on any authorized representative of
theuser. A show cause hearing shall not be a bar against, or a prerequisite for, taking any other action against the user. Failure to appear for a show cause hearing may be grounds for revocation of the users wastewater discharge permit and disconnection from or termination of discharge to the municipalitys wastewater treatment facility.
Compliance orders. When the Superintendent finds that a user has violated or continues to violate any provision of this Ordinance, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Superintendent may issue an order to the user responsible for the discharge directing that the user comes into compliance within 30 days. If the user does not come into compliance within 30 days, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the municipalitys
wastewatertreatment facility. A compliance order may not extend the deadline for compliance established for a federal 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.
Cease and desist orders.
When the Superintendent determines that a user 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 users past violations are likely to recur, the Superintendent may issue an order for the user directing it to cease and desist any such violations and directing the user to:
Immediately comply with all requirements; and
Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge to the municipalitys wastewater treatment facility.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
Emergency suspensions. The Superintendent may immediately suspend a users discharge either with or without written or verbal notice to the user whenever such suspension is necessary 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 the public. The Superintendent may also immediately suspend a users discharge, either with or without written or verbal notice, that threatens to interfere with the operation of the municipalitys wastewater treatment facility or which presents or may present an endangerment to the environment.
Any user notified of a suspension of its discharge shall immediately stop or eliminate its discharge to the municipalitys wastewater treatment facility. In the event of a users failure to immediately comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance of the connection to the municipalitys wastewater treatment facility, to prevent or minimize damage to the municipalitys wastewater treatment facility, its receiving waters or endangerment to any persons. The Superintendent shall allow the 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 in Subsection A(7) of this section are initiated against the user.
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement to the Superintendent describing the causes of the harmful contribution and the measures taken to prevent any future occurrence. Said report must be submitted at least seven days prior to the date of any show cause or termination hearing held pursuant to Subsections A(3) and A(7) of this section.
Nothing in this subsection shall be interpreted as requiring a hearing prior to any emergency suspension under this subsection.
Termination of discharge.
In addition to the provisions in § 2824(H)(6) of this Ordinance, any user that violates the following conditions is subject to termination of the users discharge to the municipalitys wastewater treatment facility:
Violation of wastewater discharge permit conditions;
Failure to accurately report the wastewater constituents and characteristics of the users discharge;
Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
Refusal of reasonable access to the users premises for the purpose of inspection, monitoring or sampling; or
Violation of the pretreatment standards in this Ordinance.
b. Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause pursuant to Subsection A(3) of this section why the proposed action should not be taken. Additionally, the user may request an administrative hearing, in writing, within 30 days of the decision of the show cause hearing. The hearing shall be conducted in accordance with the procedures delineated in § 2826(A)(3) of this section. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the user.
Judicial Enforcement Remedies.
Injunctive relief. When the Superintendent determines that a user has violated or continues to violate any provision of this Ordinance, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Superintendent may request that the Attorney for the municipality seek appropriate injunctive relief pursuant to the laws of this state which restrains or compels the specific performance of the conditions of the wastewater discharge permit, order or other requirements imposed by this Ordinance on activities of the user. The City may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. The decision whether to seek injunctive relief shall not be a bar against, or
aprerequisite for, taking other action against a user.
Supplemental Enforcement Action.
Performance bonds. The Superintendent may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this Ordinance, a previous wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement unless such user first files a satisfactory bond with the City, payable to the City, in a sum not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance with this Ordinance.
Liability Insurance. The Superintendent may decline to issue or reissue a wastewater discharge permit to any user which has failed to comply with any provision of this Ordinance, a previous wastewater discharge permit or order issued hereunder or any pretreatment standard or requirement unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the municipalitys wastewater treatment facility caused by its discharge, which shall include naming the City as an additional insured.
Water supply severance. Whenever a user violates or continues to violate any provision of this Ordinance, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the City will work with the Gardiner Water District to sever water service to the user under district regulations or by laws, as applicable. Service will only recommence at the users expense, after the user has satisfactorily demonstrated its ability to comply with this Ordinance.
D. Remedies not exclusive. The provisions of this Ordinance are not exclusive remedies. The City reserves the right to take any and all enforcement actions or combinations thereof against a noncompliant user.
E. A list of all significant industrial users discharges which were the subject of enforcement proceedings pursuant to Sections 2825 of this Ordinance during the twelve (12) previous months, shall be annually published by the municipality in the largest daily newspaper, published in the municipality in which the municipality is located, or by the largest daily newspaper servicing the municipality summarizing the enforcement actions taken against the charges during the same twelve (12) months whose violations remained uncorrected 45 or more days after notification of non-compliance; or which have exhibited a pattern of non-compliance over that twelve month period, or which involve failure to accurately report non-compliance.
F. Any discharger or any interested party shall have the right to request in writing an interpretation of ruling by the municipality on any matter covered by this Ordinance and shall be entitled to a prompt written reply. Appeal of any final judicial order entered pursuant to this Ordinance may be taken in accordance with local and state law.
G. Any discharger that experiences an upset in operations, which places the discharge in a temporary state of noncompliance with the provisions of their permit or this Ordinance shall inform the municipality thereof within 24 hours of first awareness of the commencement of the upset. An upset is an exceptional incident caused by factors beyond the reasonable control of the discharger. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation Where such information is given orally, A written follow-up report thereof shall be filed by the discharger with the municipality within five days. The report shall specify:
Description of the upset, the cause(s) thereof and the upsets impact on the dischargers compliance status.
Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the anticipated time the noncompliance is expected to continue. by which compliance is reasonably expected to occur.
All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
A documented and verified bonafide operating upset, as defined in 40 CFR Part 403.16(c) shall be an affirmative defense to any enforcement action brought against the discharger for violations attributable to the upset event. by the municipality against a discharger for any noncompliance with the Ordinance which arises out of violations alleged to have occurred during the period of upset.
In any enforcement proceeding the discharger seeking to establish the occurrence of an upset shall have the burden of proof.
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