11.703 Failure to Correct Violation.
Whenever an industrial user continues to violate the provisions of this chapter, permits, or orders issued hereunder, or any other pretreatment requirement, the WRD Manager may initiate monetary penalties, grant extensions for correction of the violation, halt or prevent the discharge of the pollutants, or terminate the discharge. Such other action as may be appropriate for legal and/or equitable relief may also be sought by the WRD Manager including, but not limited to, civil or criminal actions.
(1) In the event a user shall fail to correct any violation within the time specified by the WRD Manager, the WRD Manager may initiate monetary penalties. Penalties issued by the WRD Manager will be set in an amount and in a manner in accordance with Section 6.9 of the Enforcement Response Guide of the RWRF’s approved pretreatment program’s Implementation Manual and may be initiated with or without the initiation of judicial proceedings. Fines and penalties resulting from failure to correct violations within the time specified by the WRD Manager are due and payable by the user within 14 days after receipt of billing. Fines collected shall go into the Trust Fund for Operation and Maintenance of the treatment plant.
(2) If in the opinion of the WRD Manager conditions warrant and the violation situations are not determined to be emergencies, an extension may be granted to allow additional time to correct the violation. Violation extensions are granted at the discretion of the WRD Manager and may be revoked if any of the violation extension conditions are not met.
(3) With or without the initiation of judicial proceedings, the WRD Manager may halt or prevent any discharge of pollutants into the sewer system and may physically terminate a discharge into the sewer system when:
(a) The user has failed to correct any violation within the time specified by the WRD Manager in the notice of violation or the notification of extension;
(b) The user has failed to pay costs or penalties within the time specified which he has been required to pay in accordance with the requirements of this chapter;
(c) A violation creates an emergency situation. An emergency situation is defined as a situation in which, in the opinion of the WRD Manager, action must be taken as rapidly as possible in order to prevent or reduce a present or potential danger or hazard to the environment, the sewer system or any person or property. Includes any situation that reasonably appears to present an imminent endangerment to the health or welfare of persons.
(4) A notice of termination shall be provided to the user prior to physically terminating the discharge.
(a) In situations that are determined by the WRD Manager not to be emergencies, the notice of termination shall be in writing and shall contain the reasons for the termination, the effective date, and notice of the opportunity for an informal hearing before the WRD Manager at least 10 days before the effective termination date. The notice shall be personally delivered or sent by certified mail to the business address of the user at least 30 days prior to the effective termination date.
(b) In situations that are determined by the WRD Manager to be emergencies, the initial notice of termination may be oral or written and the termination of the discharge may be immediate.
(i) If oral notice is given, it shall be given to the authorized representative of the user personally or by telephone and shall be followed within two working days by written notice that is mailed or delivered to the business address of the user. If the authorized representative cannot be reached, oral notice may be given to a person who is apparently in charge of the user’s office or facility. The effective date of the termination in emergencies may be immediately after oral or written notice has been given as required in this subsection.
(ii) The emergency notice of termination shall inform the user of the opportunity for an informal hearing before the WRD Manager at the earliest practical date.