BC 2013 08 19 Regular Meeting - Laserfiche WebLink

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August 19, 2013 (Regular Meeting) Page 1703 Whenever the Executive Director or his designee finds that any industrial user has violated or is violating any provision of this ordinance, wastewater discharge permit, or any prohibition, limitation or requirements contained therein or any other pretreatment requirement or standard, the Executive Director may serve upon such person a written notice stating the nature of the violation. Within 30 days from the date of this notice, an explanation for the violation and a plan for the satisfactory correction thereof shall be submitted to WSACC 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. Nothing in this section may be construed to require WSACC to issue an NOV before taking any action, including emergency actions or any other enforcement actions. (b) Consent Orders The Executive 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 with any provision of this ordinance, the wastewater discharge permit or any other pretreatment requirement or standard. 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 Section 8.1 (d) below. (c) Show Cause Hearing The Executive Director may order any industrial user who causes or is responsible for an unauthorized discharge, has violated this ordinance 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 Executive 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 (10) days before the hearing. Service may be made on any agent or officer of a corporation. The Executive 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 8.2 nor is any action or inaction taken by the Executive Director under this section subject to an administrative appeal under Section 10 4.3(f) (d) Compliance Orders If WSACC finds that an industrial user has violated or continues to violate any provision of this ordinance, a compliance agreement issued pursuant to this ordinance, a wastewater discharge permit, pretreatment requirement or standard, or order issued pursuant to this ordinance, or any other provision of applicable law, WSACC may issue an order requiring such person to do any one or more of the following: (1) comply with the provisions of this ordinance, any applicable permit, pretreatment requirement or standard, or order issued pursuant to this ordinance or other provision of applicable law in accordance with a time schedule set forth in the order; (2) take appropriate remedial or preventative action(s) in the event of a continuing or threatened violation of any provision of this ordinance, a wastewater discharge permit, pretreatment requirement or standard, or order issued pursuant to this ordinance or any other provision of applicable law; (3) pay a civil penalty for violating any provision of this ordinance, a wastewater discharge permit, compliance agreement, pretreatment requirement or standard, or order issued pursuant to this ordinance.