Hendersonville |
Code of Ordinances |
Part II. CODE OF ORDINANCES |
Chapter 52. UTILITIES |
Article V. WASTEWATER USE, COLLECTION AND TREATMENT |
Division 8. ENFORCEMENT |
§ 52-376. Administrative remedies.
(a)
Notification of violation. Whenever the POTW director finds that any significant user has violated or is violating this article, wastewater permit or any prohibition, limitation or requirements contained therein, or any other pretreatment requirement, the POTW director may serve upon such a person a written notice stating the nature of the violation. Within 15 working days from the date of this notice, an explanation for the violation and a plan for the satisfactory correction thereof shall be submitted to the city by the user. Submission of this plan does not relieve the discharger of liability for any violations occurring before or after receipt of the notice of violation.
(b)
Consent orders. The POTW director is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the discharger to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order issued pursuant to subsection (d) of this section.
(c)
Show cause hearing. The POTW director may order any user who causes or is responsible for an unauthorized discharge, has violated this article or is in noncompliance with a wastewater discharge permit to show cause why a proposed enforcement action should not be taken. If the POTW director determines that a show cause order should be issued, a 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 this 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 ten days before the hearing. Service may be made on any agent or officer of a corporation. The POTW director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate. A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under section 52-377 of this division nor is any action or inaction taken by the POTW director under this section subject to an administrative appeal under section 52-292 of this article.
(d)
Administrative orders. When the POTW director finds that a user has violated or continues to violate this article, permits or orders issued under this article or any other pretreatment requirement, the POTW director may issue an order to cease and desist all such violations and direct those persons in noncompliance to do any of the following:
(1)
Immediately comply with all requirements;
(2)
Comply in accordance with a compliance time schedule set forth in the order;
(3)
Take appropriate remedial or preventive action in the event of a continuing or threatened violation; or
(4)
Disconnect unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period.
(e)
Emergency suspensions. The POTW director may suspend the wastewater treatment service and/or wastewater permit when such suspension is necessary in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, interferes with the POTW or causes the POTW to violate any condition of its NPDES or nondischarge permit. Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate the contribution. A hearing will be held within 15 days of the notice of suspension to determine whether the suspension may be lifted or the user's waste discharge permit terminated. In the event of a failure to comply voluntarily with the suspension order, the POTW director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The POTW director shall reinstate the wastewater permit and the wastewater treatment service upon proof of the elimination of the noncompliant discharge. The user shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the POTW director prior to the date of the above-described hearing.
(f)
Termination of permit or permission to discharge. The POTW director may revoke a wastewater discharge permit or permission to discharge for good cause, including, but not limited to, the following reasons.
(1)
Failure to accurately report the wastewater constituents and characteristics of his discharge;
(2)
Failure to report significant changes in operations or wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
(4)
Violation of conditions of the permit or permission to discharge, condition of this article, or any applicable state and federal regulations.
Noncompliant users will be notified of the proposed termination of their wastewater permit and will be offered an opportunity to show cause under this section why the proposed action should not be taken.
(Ord. No. 12-1234, § 1, 12-6-12)