§ 36-231. Administrative remedies.

(a)

Informal enforcement notifications/actions. The City of Mebane is authorized to take the following informal actions in response to instances of noncompliance. No "formal" enforcement procedure is contingent upon the completion of any lesser or informal procedure:

(1)

Informal notice of deficiency/informal notice of violation.

a.

Informal NODs and NOVs are used for minor isolated violations or as an initial step leading to an escalated enforcement response. All informal NODs and NOVs are documented and placed in the respective industrial user file.

b.

The informal NOD/NOV may be verbal, by telephone, facsimile, email, data summary sheet entry, inspection report entry, or on-site notification to the industrial user that a violation and/or deficiency has occurred.

(2)

Enforcement meeting. An enforcement meeting is an informal meeting used to gather information concerning noncompliance, discuss steps to alleviate noncompliance and determine the commitment level of the industrial user.

(3)

Initiation of self-monitoring or increase in self-monitoring. Initiation/additional self-monitoring is used when a violation has occurred and additional self-monitoring must be conducted per 40 CFR Part 403.12(g)(2). This is also used for exceedance of local pollutant allocations.

(4)

Employee training requirement. When the POTW director determines that a violation has been caused by an industril user employee(s) lack of knowledge concering permit/SUO requirements, employee training may be required.

(5)

Installation of additional sampling and/or monitoring equipment. In instances where the POTW director determines that due to a violation or problem caused by the industrial user, mor intensive and immediate sampling may need to be conducted on a routine basis, installation of additional sampling and/or monitoring equipment may be required.

(6)

Other informal actions. The POTW director is authorized to develop and implement any other informal actions as necessary to ensure compliance with pretreatment standards, permit/document limits, local allocations or any other Ordinance requirement.

(b)

Formal enforcement notifications/actions. The city is authorized to take the following formal actions in reqponse to instances of noncompliance. No "formal" enforcement procedure is contingent upon any lesser or informal procedure.

(1)

Formal notice of violation. Whenever the POTW director finds that any industrial 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 may serve upon such a 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 the city 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.

(2)

Consent orders. 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 an administrative order issued pursuant to subsection 36-231(b)(4), below.

(3)

Show cause hearing.

a.

The POTW director may order any industrial 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 registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation. The city may itself conduct the hearing and take the evidence, or may designate any officer or employee to:

1.

Issue in the name of the city notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;

2.

Take the evidence;

3.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the POTW director for action thereon.

b.

At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof. The director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate. The POTW director's final decision shall be to either proceed with the proposed enforcement action or to modify the action. Such modification may include but is not limited to the issuance of an order that sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenance shall have been installed and are properly operated. Further orders and directives as are necessary and appropriate may be issued.

c.

A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under section 36-232 nor is any action or inaction taken by the POTW director under this section subject to an administrative appeal under Division 7 of this article.

(4)

Administrative orders. When the POTW director finds that an industrial user has violated or continues to violate this article, permits or orders issued hereunder, or any other pretreatment requirement the POTW director may issue an order to cease and desist all such violations and direct those persons in noncompliance to do any of the following:

a.

Immediately comply with all requirements;

b.

Comply in accordance with a compliance time schedule set forth in the order;

c.

Take appropriate remedial or preventive action in the event of a continuing or threatened violation;

d.

Disconnect unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period.

(5)

Emergency suspensions.

a.

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, interferes with the POTW or causes the POTW to violate any condition of its NPDES or non-discharge permit.

b.

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 industrial 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.

(6)

Termination of permit or permission to discharge.

a.

The POTW director may revoke a wastewater discharge permit or permission to discharge for good cause, including, but not limited to, the following reasons:

1.

Failure to accurately report the wastewater constituents and characteristics of his discharge;

2.

Failure to report significant changes in operations, or wastewater constituents and characteristics;

3.

Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or

4.

Violation of conditions of the permit or permission to discharge, conditions of this article, or any applicable state and federal regulations.

b.

Noncompliant industrial users will be notified of the proposed termination of their wastewater permit and will be offered an opportunity to show cause under section 36-231 why the proposed action should not be taken.

(Ord. No. OA-13-02, § 8.1, 9-3-2013)