§ 6-13.903. Non-compliance with permit requirements.

Upon discovery by the Director of non-compliance with any permit requirement, an initial notice of violation (INOV) or notice of violation (NOV) shall be issued to the user. The violation notice must indicate the nature of the non-compliance, the required actions to comply, and the time frames in which compliance must be reached. The INOV may be issued for the first minor violation of a user. The NOV will be issued for subsequent violations, violations that are of a more serious nature, or where the user has had repeated violations. Notification does not preclude the Director from taking any other enforcement action authorized by this chapter.

(a)

First violation. The Director may issue an initial notice of violation.

(b)

Second and subsequent violations. A user will be issued a NOV for a second and any subsequent violations within a 12-month period and may be punishable by the enforcement actions set forth in this chapter and a fine or penalty in an amount set forth by resolution adopted by the City. In determining the appropriate level of enforcement action the Director shall take additional factors into consideration. These factors shall include the magnitude of the violation, duration of the violation, effect of the violation on the receiving waters, or the POTW and/or its collection systems and worker health and safety, compliance history of the user, and good faith of the user in its compliance efforts.

(c)

Upon notification of the violation, immediate action must be implemented by the user to abate discharge violations. Temporary measures must be instituted while permanent measures are designed and constructed. This may require discontinuance of the discharge to the sewer and temporary storage or alternate disposal of the wastestream until permanent measures are instituted.

(d)

All instances of non-compliance must be permanently corrected within thirty (30) days unless an approved compliance schedule is in effect.

(e)

In all instances of non-compliance, upon notification of the violation by the Director, it shall be the responsibility of the user to demonstrate compliance to the Director.

(f)

Non-compliance with discharge requirements of the user's permit may be determined by an analysis of a grab or composite sample of the effluent of a user for any pollutant or condition specified in the user's permit or this chapter.

(1)

Federal Categorical Standards.

(i)

Composite sampling shall be used to determine non-compliance with Federal Categorical Pretreatment Standards, except where a grab sample is required by Federal regulations.

(ii)

Grab sampling may be used whenever collecting a composite sample is determined to be infeasible by the Director.

(2)

Local Limits.

(i)

Grab sampling may be utilized at any time to determine compliance with local limits or whenever an approved sampling station or well is not available for the City's use. Any local limit compliance or non-compliance may be determined through a grab sample.

(g)

A subsequent sample will be taken within thirty (30) days after notification, which will also be subject to non-compliance fees if found to be non-compliant. If the second sample reveals non-compliance, the Director may proceed with one or more of the following:

(1)

Require the user to attend a compliance meeting to consider alternatives and solutions;

(2)

Issue a compliance schedule;

(3)

Enter into a consent agreement;

(4)

Issue a cease and desist order;

(5)

Issue a compliance order;

(6)

Order a show cause hearing;

(7)

Suspension or revocation of the permit; and

(8)

Commencement of any other enforcement action authorized by this chapter.

(h)

The payment of non-compliance fees shall not bar the City from undertaking any enforcement actions authorized in this chapter nor waive the requirement for the user to comply with all federal, state, or local pretreatment standards.

(§ 1, Ord. 1170, eff. April 21, 2011)