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8-4-10: ADMINISTRATIVE ENFORCEMENT REMEDIES:
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This section is included in your selections.

When the manager finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the manager may serve upon that user a written notice of violation, personally or by registered or certified mail (return receipt requested). Within fifteen (15) days of receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, including specific required actions, shall be submitted by the user to the manager. Submission of such a 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 section shall limit the authority of the manager to take any action, including emergency actions or any other enforcement action, before or without issuing a notice of violation. (Ord. 2016-11-005, 11-10-2016)

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The manager may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for 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 sections 8-4-10-4 and 8-4-10-5 of this chapter and shall be judicially enforceable. (Ord. 2016-11-005, 11-10-2016)

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The manager may order a user which has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the 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 show cause hearing, 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 hearing shall be served personally or by registered or certified mail (return receipt requested) at least fifteen (15) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in section 8-4-1-4 of this chapter. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. (Ord. 2016-11-005, 11-10-2016)

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When the manager finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the 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 unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, 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. (Ord. 2016-11-005, 11-10-2016)

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When the manager finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater 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 manager may issue an order to the user directing it to cease and desist all such violations and directing the user to:

A. Immediately comply with all requirements; and

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. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2016-11-005, 11-10-2016)

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A. When the manager finds that a user has violated, or continues to violate, any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the manager may fine such user an amount not to exceed five thousand dollars ($5,000.00). 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 day during the period of violation.

B. Unpaid charges, fines, and penalties shall, after sixty (60) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of one point five percent (1.5%) per month. A lien against the user’s real and/or personal property shall be sought for unpaid charges, fines, and penalties.

C. Users desiring to dispute such fines must file a written request for the manager to reconsider the fine, along with full payment of the fine amount, within thirty (30) days of being notified of the fine. Where a request has merit, the manager may convene a hearing on the matter. In the event the user’s appeal is successful, the payment, together with any interest accruing thereon, shall be returned to the user. The manager may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 2016-11-005, 11-10-2016)

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The manager may immediately suspend a user’s discharge 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 persons. The manager may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension of a permit and/or discharge to the POTW.

A. Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the manager may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to persons or the environment. The manager may allow the user to recommence its discharge when the user has demonstrated, to the satisfaction of the manager, that the period of endangerment has passed, unless the termination proceedings in section 8-4-10-8 of this chapter are initiated against the user.

B. 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 contribution, and the measures taken to prevent any future occurrence. The written statement shall be submitted to the manager prior to the date of any show cause or termination hearing under section 8-4-10-3 or 8-4-10-8 of this chapter. (Ord. 2016-11-005, 11-10-2016)

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A. Violations Subject To Discharge Termination: In addition to the provisions in section 8-4-5-6 of this chapter, any user who violates the following conditions is subject to discharge termination:

1. Violation of individual wastewater discharge permit conditions;

2. Failure to accurately report the wastewater constituents and characteristics of its discharge;

3. Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;

4. Refusal of access to the user’s premises for the purpose of inspection, monitoring, or sampling; or

5. Violation of the pretreatment standards in section 8-4-2 of this chapter.

B. Notice Of Discharge Termination: User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 8-4-10-3 of this chapter why the proposed action should not be taken. Exercise of this option by the manager shall not be a bar to, or a prerequisite for, taking any other action against the user. (Ord. 2016-11-005, 11-10-2016)