§ 26-312. Enforcement actions.

(1)

Notice of violation. When the city manager finds that a generator or transporter has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city manager may serve upon that generator or transporter a written notice of violation. Within the timeframe specified in this notice, which is usually but not always ten (10) days, 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 user to the city manager. Submission of this plan in no way relieves the generator or transporter 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 manager to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(2)

Administrative orders.

(a)

Compliance orders. When the city manager finds that a generator or transporter has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the city manager may issue an order to the generator or transporter responsible for the discharge directing that the generator or transporter come into compliance within a specified time. If the generator or transporter does not come into compliance within the time provided, sewer service may be discontinued or a permit issued pursuant to this chapter may be revoked. 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 generator or transporter of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the generator or transporter.

(b)

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

i.

Immediately comply with all requirements; and

ii.

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

(3)

Service of notice or order. Any notice or order issued under this article shall be in writing and served in person or by registered or certified mail on the generator or transporter of the liquid waste or other persons determined to be responsible for such violation. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the generator or transporter.

(4)

Appeals. Any person may appeal an order of the city manager by filing a written notice of appeal with the city manager on forms provided by the City of Denton Utilities Administration Office. Such notice of appeal shall be filed with the city secretary within ten (10) days of service of the order.

(5)

Termination of service and revocation of permit. If no timely appeal is filed, the city manager may, if a violation is continuing or reoccurring or may reoccur, terminate wastewater service or revoke the permit of the person ordered to correct or abate such violation if such violation has not been corrected or abated within the time specified in such order.

(6)

Emergency suspension of service.

(a)

Suspension. The city manager may, without prior notice, suspend water service, sanitary sewer service and/or storm sewer access to a user or to a person discharging to the sanitary sewer or storm sewer when such suspension is necessary in the opinion of the city manager to stop an actual or threatened discharge which:

i.

Presents or may present imminent substantial danger to the environment or to provided by the health or welfare of persons;

ii.

Presents or may present imminent substantial danger to the POTW, storm sewer or waters of the state; or

iii.

Will cause pass through or interference of the POTW.

(b)

Notice of suspension. As soon as is practicable after the suspension of service, the city manager shall notify the user or the person discharging to the wastewater or storm sewer of the suspension, and order such person to cease the discharge immediately.

(c)

Reinstating service. The city manager shall reinstate suspended services to the wastewater user or to the person discharging to the storm sewer:

i.

Upon proof by such person that the non-complying discharge has been eliminated;

ii.

Upon payment by such person of its outstanding water, sewer and stormwater utility charges;

iii.

Upon payment by such person of all costs incurred by the city in responding to the discharge or threatened discharge; and

iv.

Upon payment by such person of all costs incurred by the city in reconnecting service.

(d)

Written statement. Within five (5) days of the day of suspension of services, the wastewater user or the person discharging to the storm sewer shall submit to the city manager a detailed written statement describing the cause of the discharge and the measures taken to prevent any future occurrence.

(7)

Right to hearing. A person whose service has been suspended under this section may apply to the department which suspended service for a hearing on the issue of the suspension. The hearing shall be conducted in accordance with subsection (9) of this section.

(8)

Other steps. If a person fails to comply with a notice or order issued under this section, the city manager shall take such steps as it deems necessary to prevent or minimize damage to the storm sewer, POTW or waters of the state, or to minimize danger to persons. Such steps may include immediate severance of a person's sanitary sewer connection.

(9)

Hearing and determination.

(a)

An environmental appeals committee is hereby established and authorized to hear and decide appeals from any order issued by the city manager pursuant to this article. The committee shall be composed of three (3) members appointed by the city manager. No individual appointed to the committee shall be employed in the chain of command of the assistant city manager - utilities.

(b)

The committee may call and hold hearings, administer oaths, receive evidence at the hearing, and make findings of fact and decisions with respect to administering its powers in this chapter.

(c)

Upon the hearing, the committee shall determine if there is substantial evidence to support the city manager's determination and order. The decision of the committee shall be in writing and contain findings of fact. If the committee, determines that there is substantial evidence to support the determination and order of the city manager, the committee shall, in addition to its decision, issue an order:

i.

Requiring discontinuance of such violation or condition;

ii.

Requiring compliance with any requirement to correct or prevent any condition or violation; or

iii.

Suspending or revoking any permit issued under this article.

iv.

In any decision and order issued by the committee, the order shall specify the time in which the compliance with the order must be taken. A copy of the decision and order shall be delivered to the appellant or person to whom the order is directed in person or sent to him by registered or certified mail.

(d)

Should the appellant fail to comply with the order of the committee within the time specified therein, if any, the city manager, in addition to any other remedy provided for in this article, may terminate sewer service to the appellant.

(Ord. No. 2012-176, § 3, 8-21-12)