<div class="chunk-title">Sec. 26-201. - Administrative remedies.</div>
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            <p class="incr0">
               (a)
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            <p class="content1">
               <span class="ital">Notification of violation.</span> Whenever the POTW director or designee finds that any 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 or designee may serve
               upon such a user a written notice stating the nature of the violation. Within 30 days
               from the date of this notice, an explanation for the violation, analytical analysis
               documenting compliance, and a plan for the satisfactory correction thereof shall be
               submitted to the county 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.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Consent orders.</span> 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 a compliance
               order issued pursuant to subsection <a href="" data-chunk-id="COOR_CH26UT_ARTIVSEUS_DIV8EN_S26-201ADRE" class="section-link" data-product-id="12650">26-201</a>(d) below.
               </p>
            		
            <p class="incr0">
               (c)
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            <p class="content1">
               <span class="ital">Show cause hearing.</span> 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. In the
               event 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 certified mail (return receipt requested)
               at least ten days before the hearing. Service may be made on any agent or officer
               of a corporation.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The POTW director shall review the evidence presented at the hearing and determine
               whether the proposed enforcement action is appropriate.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               A show cause hearing under this section is not a prerequisite to the assessment of
               a civil penalty under <a href="" data-chunk-id="COOR_CH26UT_ARTIVSEUS_DIV8EN_S26-202CIPE" class="section-link" data-product-id="12650">section 26-202</a>, nor is any action or inaction taken by the POTW director under this section subject
               to an administrative appeal under subsection <a href="" data-chunk-id="COOR_CH26UT_ARTIVSEUS_DIV4WADIPEAPIS_S26-132WAPE" class="section-link" data-product-id="12650">26-132</a>(9).
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Compliance orders.</span> When the POTW director finds that a user violated or continues to violate any provision
               of this article, a wastewater discharge permit or order issued hereunder, or any other
               pretreatment standard or requirement, the POTW director 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,
               the POTW director may commence an action to revoke or suspend the user's permit, or
               take other immediate enforcement action authorized by this article to bring the user
               into compliance with this article or the user's permit. 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.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Emergency suspensions.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               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, or causes the POTW to violate any condition
               of its NPDES permit.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               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.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Revocation of permit.</span> The POTW director may revoke a wastewater discharge permit or permission to discharge
               for good cause, including but not limited to the following reasons:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Failure to accurately report the wastewater constituents and characteristics of his
               discharge;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Failure to report significant changes in operations, or wastewater constituents and
               characteristics;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Refusal of reasonable access, pursuant to division 6 of this article, to the user's
               premises for the purpose of inspection or monitoring; or
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Violation of conditions of the permit or permission to discharge, conditions of this
               article, or any applicable state and federal regulations.
               </p>
            		
            <p class="p0">
               Noncompliant users will be notified of the proposed termination of their wastewater
               permit and will be offered an opportunity to show cause under <a href="" data-chunk-id="COOR_CH26UT_ARTIVSEUS_DIV8EN_S26-201ADRE" class="section-link" data-product-id="12650">section 26-201</a> of this article why the proposed action should not be taken.
               </p>
            <p class="historynote0">
               (Ord. of 9-26-94, Â§ 8.1; Ord. of 4-14-08, Â§ 33; Ord. of 11-26-12, Â§ 38)
               </p></div>