§ 25-100.3. Legal action; orders.

If any person discharges sewage, industrial wastes or other wastes into a POTW in violation of the provisions of this article, federal or state pretreatment requirements, or any order authorized hereunder, the superintendent, POTW or the city may commence an action for appropriate legal and/or equitable relief in any circuit court of this commonwealth. In addition, the city may take one or more of the following actions, none of which shall be deemed to be a bar against, or a prerequisite for, taking any other action against a user and all of which shall be judicially enforceable:

(a)

Consent orders. The city may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any violating user. Such documents shall include specific action to be taken by the user to correct the violation within a time period specified by the document and shall have the same force and effect as orders issued pursuant to subsections 25-100.3(b) and (c).

(b)

Compliance orders. When the city finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, a general permit, an order issued hereunder, or any other pretreatment standard or requirement, the city may issue an order to the violating user directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may 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. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation.

(c)

Cease and desist orders. When the city finds that a user has violated, or continues to violate, any provision of this article, an individual wastewater discharge permit, a general permit, an order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the city may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(1)

Immediately comply with all requirements of this article; and

(2)

Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation of this article, including halting operations and/or terminating the discharge.

(Ord. No. 12-1700-936, § 1, 10-2-12)

(Ord. No. 12-1700-936, § 1, 10-2-12)