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Ord 2011-013
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Ord 2011-013
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Last modified
4/26/2011 1:54:51 PM
Creation date
4/26/2011 1:43:42 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Amending
Number
2011-13
Date
4/19/2011
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0 Sec. 86.131. Administrative Enforcement Remedies <br />A. Notification of Violation <br />When the Director finds that a person has violated, or continues to violate, any <br />provision of this ordinance, an individual wastewater discharge permit, or order <br />issued hereunder, or any other Pretreatment Standard or Requirement, the Director <br />may serve upon that User a written Notice of Violation. Within thirty (30) days of <br />the receipt of such notice, an explanation of the violation and a plan for the <br />satisfactory correction and prevention thereof, to include specific required actions, <br />shall be submitted by the User to the Director. Submission of such plan in no way <br />relieves the User of liability for any violations occurring before or after receipt of the <br />Notice of Violation. Nothing in this Section shall limit the authority of the Director <br />to take any action, including emergency actions or any other enforcement action, <br />without first issuing a Notice of Violation. <br />B. Consent Orders <br />The Director may enter into Consent Orders, assurances of compliance, or other <br />similar documents establishing an agreement with any User responsible for <br />noncompliance. Such documents shall include specific action to be taken by the User <br />to correct the noncompliance within a time period specified by the document. Such <br />• documents shall have the same force and effect as the administrative orders issued <br />pursuant to paragraphs D and E of this section and shall be judicially enforceable. <br />C. Show Cause Hearing <br />The Director may order a User which has violated, or continues to violate, any <br />provision of this ordinance, an individual wastewater discharge permit or order issued <br />hereunder, or any other Pretreatment Standard or Requirement, to appear before the <br />Director and show cause why the proposed enforcement action should not be taken. <br />Notice shall be served on the User specifying the time and place for the meeting, the <br />proposed enforcement action, the reason for such action, and a request that the User <br />show cause why the proposed enforcement action should not be taken. The notice of <br />the meeting shall be served personally or by registered or certified mail (return receipt <br />requested) at least thirty (30) days prior to the hearing. Such notice may be served on <br />any Authorized Representative of the User as defined in Section 86.113 (D) and <br />required by Section 86.125 (I). A show cause hearing shall not be a bar against, or <br />prerequisite for, taking any other action against the User. <br />D. Compliance Orders <br />When the Director finds that a User has violated, or continues to violate, any <br />provision of this ordinance, an individual wastewater discharge permit, or order <br />issued hereunder, or any other Pretreatment Standard or Requirement, the Director <br />• may issue an order to the User responsible for the discharge directing that the User <br />37 <br />
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