§ 26.50.360. Administrative orders: Show cause, consent, compliance, and cease and desist.

A.

The utility 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 general manager or a designee, pursuant to chapter 3.60, and show cause why a proposed enforcement action should not be taken.

1.

Notice shall be served on the user specifying the time and place for the 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.

2.

The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) days prior to the hearing. Such notice may be on the owner or authorized representative of the user.

3.

A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.

B.

The utility may enter into consent orders, assurances of voluntary compliance, or other similar 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 paragraphs 1 and 2 of section 26.50.360 C. 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.

C.

Whenever the utility finds that any user has violated or is violating this chapter, its wastewater discharge permit, or order issued hereunder, or any prohibition, limitation or requirement contained in this chapter, the utility may:

1.

Issue a compliance order to the user responsible for the discharge directing that user to come into compliance within a specific time specified in the order. 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 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 sewer; or

2.

Issue a cease and desist order, directing the user 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 preventative actions as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

3.

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

(AO No. 86-118, 9-4-86; AO No. 2000-129(S), § 21, 11-21-00; AO No. 2012-77, § 23, 8-7-12)

Note— Formerly § 26.50.063.