§ 115-20. Notice of violation; consent orders.  


Latest version.
  • A. 
    Notices of violation.
    (1) 
    Whenever the City finds that any user has violated or is violating any of the provisions of this chapter, or a wastewater discharge permit or order issued hereunder, or any other prohibition, limitation or requirement contained in this chapter, the City may serve upon such person a written notice of violation. Within 15 days of the date of the notice or within such later time as the City may designate as appropriate in the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the user unless there is an immediate threat to health, property or environmental quality which is treated as an emergency. Immediate response is required in such case, and the City may require the user to halt the discharge or chose to terminate service.
    (2) 
    Submission of a plan in no way relieves the user of liability for any violation occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Superintendent to take action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
    B. 
    Consent orders. The city, at its discretion, may enter into a consent order to establish an agreement with any user responsible for any noncompliance or violation. Such consent order shall include specific action to be taken by the user to correct the noncompliance or violation within a specified time period, and may include stipulated penalties to insure compliance with the requirements of such consent order.