Chapter 14.11
ADMINISTRATIVE ENFORCEMENT REMEDIES
Sections:
14.11.010 Notification of violation.
14.11.060 Administrative fines.
14.11.070 Emergency suspensions.
14.11.080 Termination of discharge (nonemergency).
14.11.090 Water supply severance.
14.11.120 Powers of the supervisor.
14.11.130 Appeal of supervisor notices.
14.11.010 Notification of violation.
When the supervisor finds that any person has violated (or continues to violate) any provision of this title or order issued hereunder, or any pretreatment standard or requirement, the supervisor may serve upon that person a written notice of violation (via certified letter). Within 10 days of the receipt of this notice an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the person to the supervisor. Submission of this plan in no way relieves the person of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing notice of violation. (Ord. 1323 § 49, 2002; Ord. 1004, 1995).
14.11.020 Consent orders.
The supervisor may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any person responsible for noncompliance. Such documents will include specific action to be taken by the person to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this chapter and shall be judicially enforceable. Use of a consent order shall not be a bar against or prerequisite for taking any other action against the person. (Ord. 1323 § 50, 2002; Ord. 1004, 1995).
14.11.030 Show cause hearing.
The supervisor may order (via certified letter) a person who has violated or continues to violate any provision of this title or order issued hereunder, or any pretreatment standard or requirement, to appear before the supervisor and show cause why the proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the person show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least five days prior to the hearing. Such notice may be served on any authorized representative of the person. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the person. (Ord. 1323 § 51, 2002; Ord. 1004, 1995).
14.11.040 Compliance orders.
When the supervisor finds that a person has violated or continues to violate any provision of this title or order issued hereunder, or any pretreatment standard or requirement, the supervisor may issue an order to the person responsible for the discharge directing that the person come into compliance within a time specified in the order. Sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders may also 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. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the person. (Ord. 1323 § 52, 2002; Ord. 1004, 1995).
14.11.060 Administrative fines.
(1) When the supervisor finds that a person has violated or continues to violate any lawful order issued hereunder, or any pretreatment standard or requirement, the supervisor may fine such person in an amount not to exceed $250.00. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(2) Unpaid charges, fines, and penalties shall, after 60 calendar days, be assessed an additional penalty of 12 percent of the unpaid balance, and interest shall accrue thereafter at a rate of 12 percent per annum. A lien against the person’s property will be sought for unpaid charges, fines and penalties.
(3) Persons desiring to dispute such fines must file a written request for the supervisor to reconsider the fine along with full payment of the fine amount within 10 days of being notified of the fine. Where a request has merit, the supervisor shall convene a hearing on the matter within 30 days of receiving the request from the person. In the event the person’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the person. The city may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(4) The supervisor may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(5) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the person. (Ord. 1323 § 53, 2002; Ord. 1004, 1995).
14.11.070 Emergency suspensions.
The supervisor may immediately suspend a person’s discharge (after informal notice to the person) whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The supervisor may also immediately suspend a person’s discharge (after notice and opportunity to respond) that threatens to interfere with the operation of the OHSS, or which presents an endangerment to the environment.
(1) Any person notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a person’s failure to immediately comply voluntarily with the suspension order, the supervisor shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the OHSS, its receiving stream, or endangerment to any individuals. The supervisor shall allow the person to recommence its discharge when the person had demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings in OHMC 14.11.080 are initiated against the person.
(2) A person responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the supervisor prior to the date of any show cause or termination hearing under OHMC 14.11.030 and 14.11.080.
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 1323 § 54, 2002; Ord. 1004, 1995).
14.11.080 Termination of discharge (nonemergency).
In addition to the provisions in Chapter 14.07 OHMC, any person who violates the following conditions is subject to discharge termination:
(1) Violation of a state or federal waste water discharge permit condition;
(2) Failure to accurately report the waste water constituents and characteristics of its discharge;
(3) Failure to report significant changes in operations or waste water volume, constituents and characteristics prior to discharge;
(4) Refusal of reasonable access to the person’s premises for the purpose of inspection, monitoring or sampling; or
(5) Violation of the pretreatment standards in Chapter 14.07 OHMC.
Such person will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under OHMC 14.11.030 why the proposed action should not be taken. Exercise of this option by the city shall not be a bar to, or a prerequisite for, taking any other action against the person. (Ord. 1323 § 55, 2002; Ord. 1004, 1995).
14.11.090 Water supply severance.
Whenever a person has violated or continues to violate any provision of this title or order issued hereunder, or any pretreatment standard or requirement, water service to the person may be severed. Service will only recommence, at the person’s expense, after it has satisfactorily demonstrated its ability to comply. (Ord. 1323 § 56, 2002; Ord. 1004, 1995).
14.11.100 Public nuisances.
A violation of any provision of this title or order issued hereunder, or any pretreatment standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the supervisor. If not abated within the time ordered by the supervisor, the city shall summarily abate the action or may seek court order abating the same. (Ord. 1323 § 57, 2002; Ord. 1004, 1995).
14.11.110 Informant rewards.
The supervisor may pay up to $500.00 for information leading to the discovery of noncompliance by a person. In the event the information provided results in an administrative fine or civil penalty levied against the person, the supervisor may disburse up to 10 percent of the collected fine or penalty to the informant. However, a single reward payment may not exceed $1,000. (Ord. 1323 § 58, 2002; Ord. 1004, 1995).
14.11.120 Powers of the supervisor.
The supervisor may:
(1) Disconnect water service and sewer service to premises;
(2) Impose administrative fines against commercial, industrial, or illegal dischargers for violations as provided in this title;
(3) With assistance of the office of the city attorney, start court actions seeking criminal or civil penalties;
(4) With assistance of the office of the city attorney, seek search warrants as provided for by law;
(5) With the assistance of the office of the city attorney, seek court orders abating nuisances and enjoining violations of this code;
(6) Require recycling of FOG;
(7) Require cleaning of interceptors or grease traps by licensed providers on set schedules; and
(8) Require other FOG reduction measures. (Ord. 1323 § 59, 2002; Ord. 1004, 1995).
14.11.130 Appeal of supervisor notices.
Any person aggrieved by a notice made by the supervisor of a violation under Chapter 14.07 OHMC other than one which involves the start of a court action may appeal that decision to the city administrator. The appeal must be made by written request to the city administrator and within the time set for taking the remedial action or 10 calendar days, whichever is shorter.
If an appeal is made on a matter for which a hearing has already been held, the appeal shall be on the record alone. The scope of review shall be whether the supervisor acted arbitrarily and capriciously.
If no previous hearing has been held the record shall be considered but additional evidence may be presented. In such case, the city administrator may appoint a hearing officer to take the information or hear the matter personally but, in any event, the city administrator shall personally make the decision. The scope of review shall be de novo. At the hearing, the parties may present evidence and arguments.
After the hearing, the city administrator may continue the original order in effect, modify the order, or withdraw the order, depending on the facts shown at the hearing. (Ord. 1323 § 60, 2002; Ord. 1004, 1995).