Enforcement orders the city can issue against industrial users

(a) Consent orders. The director is authorized to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any industrial user responsible for noncompliance. The order shall include specific action to be taken by the industrial user to correct the noncompliance within a time period to be provided in the order. These orders shall have the same force and effect as other administrative orders issued pursuant to § 43-5.15 and shall be judicially enforceable. (b) Show cause orders. Whenever the director finds that a discharge of wastewater is taking place or threatening to take place in violation of any requirement imposed by ordinance, regulation, or other law, the director may issue a notice of violation and show cause order requesting the industrial user to meet with someone designated by the director. 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 an order that the industrial user show cause why this proposed enforcement action may not be taken. The notice of hearing shall be served personally or by registered or certified mail (return receipt requested) at least 15 days before the hearing. The notice may be served on any authorized representative of the industrial user. This meeting is not a prerequisite to taking formal enforcement action against the industrial user, and neither does this preclude in any way informal meetings or discussions with the industrial user. (c) Compliance orders and compliance schedules. Upon a finding by the director that an industrial user has violated or continues to violate the ordinance, a permit or an order issued herein, or any other pretreatment standard or requirement, the director may issue an order to the industrial user responsible for the discharge requiring the user to come into compliance within a period of time specified by the director. These orders may not extend the deadline for compliance established for a federal pretreatment standard or requirement, nor do they release the user from liability for any violation, including a continuing violation. Issuance of a compliance order or a compliance schedule shall not be a prerequisite to taking any other enforcement action against the industrial user. (d) Cease and desist orders. Whenever the director finds that a discharge of wastewater is taking place or threatening to take place in violation of any ordinance, order, regulation, or other law, the director shall issue an order directing the industrial user to cease and desist such discharges and achieve compliance in accordance with a detailed time schedule of specific actions the user shall take to correct or prevent violations of this chapter, regulation, order, or any other law. The director may order the revocation or suspension of any permit. Any order issued by the director may require the industrial user to provide information as the director deems necessary to explain the nature of the discharge. The director may require in any cease and desist order that the user pay to the city the costs of any extraordinary inspection or monitoring which in the discretion of the director was deemed necessary as a result of the violation, together with civil penalties. Issuance of a cease and desist order shall not preclude any other enforcement action against the industrial user. (e) Cleanup and abatement orders. (1) Any industrial user who is in violation of this chapter, regulation, order, or any other law, shall upon the director’s order and at the total expense of the user, clean up the discharge and do whatever is necessary or required by the director to abate the effects of the violation. (2) The industrial user may be required to initiate any cleanup, abatement, or remedial work that the director deems necessary. Issuance of a cleanup and abatement order shall not preclude any other enforcement action against the user. (3) Any industrial user violating the ordinance, regulations, order, or any other law shall be liable to the city for costs incurred in the cleanup, abatement, or remedial actions undertaken by the director, including but not limited to administrative costs, inspection costs, attorney fees and penalties or other liability imposed upon the city by other agencies, persons, or organizations, whether by way of court action, administrative action, or settlement. (f) Termination of discharge. In addition to other remedies available and as provided in this chapter or by law, when in the discretion of the director, the industrial user has not demonstrated or cannot demonstrate satisfactory progress toward compliance with the requirements of the ordinance, regulation, order, or other laws, the director may, after providing written notice to the user by certified mail 30 days in advance of any action, sever or plug the connection from the user’s system to the city’s sewerage system or otherwise prevent the discharge of wastewater from the user’s system to the city’s sewerage system. (g) Administrative fines. In addition to other remedies available and as provided in this chapter or by law, the director may impose administrative penalties. (h) Other enforcement actions. Nothing herein shall preclude or limit in any manner, State or federal regulatory agencies from undertaking enforcement actions as appropriate as a result of violations pursuant to this chapter to the extent these also constitute violations of applicable federal or State laws, or other pertinent requirements.