§ 30.11. Administrative Enforcement Remedies.
1.
General.
(a)
Any user found to be violating any provision of this Chapter (Chapter 30) of the City Code, and any of the orders, rules, regulations, and permits issued hereunder, shall be served by the City with written notice by personal delivery by an authorized City employee or by registered or certified mail that states the nature of the violation and providing a reasonable time limit for satisfactory correction of the violation. The offender shall permanently cease all violations within the period of time stated in such notice.
(b)
If the discharge from any user causes a deposit, obstruction, damage or process upset to any of the City's wastewater facilities, then the Director of Public Works shall cause the deposit or obstruction to be promptly removed, or cause the damage to be promptly repaired, at the sole cost of the person or user causing such deposit, obstruction, or damage.
(c)
The remedies provided in this Chapter shall not be exclusive, and the City may seek whatever other remedies are authorized by statute, at law or in equity, against any person or user violating the provisions of this Chapter.
(d)
In addition to any fine levied under this Chapter, the City may, where the circumstances of the particular case so dictate, but in any event in the sole discretion of the Director of Public Works, seek injunctive relief to prohibit the user from discharging any wastewater into the City's sanitary sewer system, or to provide such other affirmative relief as may be appropriate.
(e)
Notwithstanding any other penalty as detailed or summarized in this Chapter, any person or user who violates any provision of this Chapter is also subject to the provisions of 1.08 of the City's Code of Ordinances.
(f)
The Enforcement Response Plan, as approved by FDEP, contains the protocols that are used by the City for implementation and enforcement of the Pretreatment Program.
2.
Notification of Violation. When the Director of Public Works finds that a user has violated, or continues to violate, any provision of this Chapter, an Industrial User Discharge Permit or order issued hereunder, or any other pretreatment standard or requirement, the Director of Public Works may serve upon that user a written Notice of Violation. Within fifteen (15) days of the receipt of this notice, 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 Director of Public Works. Submission of this plan in no way relieves the user 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 Director of Public Works to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
3.
Consent Agreements. The Director of Public Works may enter into Consent Agreements, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to this Section and shall be judicially enforceable.
4.
Show Cause Hearing. The Director of Public Works may order a user which has violated, or continues to violate, any provision of this Chapter, an Industrial User Discharge Permit or any order issued hereunder, or any other pretreatment standard or requirement, to appear before the Director of Public Works and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not preclude, or be a prerequisite for, taking any other action against the user.
5.
Compliance Orders. When the Director of Public Works finds that a user has violated, or continues to violate, any provision of this Chapter, an Industrial User Discharge Permit or order issued hereunder, or any other pretreatment standard or requirement, the Director of Public Works may issue an order to the user responsible for the discharge 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 operating. 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. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
6.
Cease and Desist Orders.
(a)
When the Director of Public Works finds that a user has violated, or continues to violate, any provision of this Chapter, an Industrial User Discharge Permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Director of Public Works may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(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.
(b)
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
7.
Administrative Fines.
(a)
When the Director of Public Works finds that a user has violated, or continues to violate, any provision of this Chapter, the Industrial User Discharge Permit or order issued hereunder, or any other pretreatment standard or requirement, the Director of Public Works may fine such user in an amount not to exceed twelve hundred fifty dollars ($1,250.00) per violation. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
(b)
Unpaid charges, fines, and penalties shall, after thirty-one (31) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance, and interest shall accrue thereafter at a rate of one percent (1%) per month. A lien against the user's property shall be sought for unpaid charges, fines, and penalties.
(c)
Users desiring to dispute such fines must file a written request for the Director of Public Works to reconsider the fine. Where a request has merit, the Director of Public Works may convene a hearing on the matter. The Director of Public Works may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(d)
Issuance of an administrative fine shall not preclude, or be a prerequisite for, taking any other action against the user.
(e)
Penalties may be assessed for each occurrence and for each local pollutant limit that has been exceeded.
(f)
The following table lists penalty amounts for exceedances of the pollutant limits given in this Chapter. The penalty shown for each level is applicable to each individual local pollutant limit that has been exceeded.
PRETREATMENT PENALTY TABLE
Penalty
Level
Amount*Violation Level Penalty 1 Violations greater than the limit but less than two times the limit. $250 2 Violations equal to two times the limit but less than three times the limit. $500 3 Violations equal to three times the limit but less than four times the limit. $750 4 Violations equal to four times the limit but less than five times the limit. $1,000 5 Violations equal to or greater than five times the limit (excessive concentrations). $1,250 * The user may also be subject to further penalties and enforcement actions as provided in the City Code, and as determined by the Director of Public Works, or his designee. Additional penalties shall reflect the direct costs incurred by the City to resolve the consequences of such discharge.
(g)
The pH range and the penalty amounts for each level are shown in the table below:
PENALTY TABLE FOR pH
Low pH
Violation Amount*High pH
ViolationPenalty
5.00 to 5.49 9.50 to 9.99 $125 4.50 to 4.99 10.00 to 10.49 $250 3.50 to 3.99 10.50 to 10.99 $375 3.50 to 3.99 11.00 to 11.49 $500 3.00 to 3.49 11.50 to 11.99 $625 2.50 to 2.99 12.00 to 12.49 $750 2.00 to 2.49 12.50 to 12.99 $875 Less than 2.00 13.00 and above $1,000 * The user may also be subject to further penalties and enforcement actions as provided in the City Code, and as determined by the Director of Public Works, or his designee. Additional penalties shall reflect the direct costs incurred by the City to resolve the consequences of such discharge.
8.
Emergency Suspensions.
(a)
The Director of Public Works may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of City personnel or the general public. The Director of Public Works may also immediately suspend a user's discharge, after informal notice, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
(b)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Director of Public Works may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its reclaimed water, receiving stream or endangerment to any individuals. The Director of Public Works may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director of Public Works that the period of endangerment has passed, unless the termination proceedings in Section 30.11(9) of this Chapter are initiated against the user.
(c)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director of Public Works prior to the date of any show cause or termination hearing under Sections 30.11(4) or 30.11(9) of this Chapter.
(d)
Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency suspension under this Section.
(e)
Nothing in the foregoing Section, or in this Chapter as a whole is intended to preclude the City from taking immediate action to temporarily modify a permit or to sever service of an industry completely when there is imminent risk of injury to the public sewerage system or to the health and welfare of the public or to the environment.
9.
Termination of Discharge.
(a)
In addition to the provisions in Section 30.06(6) of this Chapter, any user who violates the following conditions is subject to termination of discharge to the City's wastewater system:
(i)
Violation of Industrial User Discharge Permit conditions;
(ii)
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(iii)
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
(iv)
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or
(v)
Violation of the pretreatment standards and local pollutant limits in Section 30.03 of this Chapter.
(b)
Such user shall be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 30.11(4) of this Chapter why the proposed action should not be taken. Exercise of this option by the Director of Public Works shall not be a bar to, or a prerequisite for, taking any other action against the user.
(c)
The City reserves the right, at the discretion of the Director of Public Works, to either plug the sewer lateral to terminate the discharge or to sever water service to prevent discharges. The other appropriate regulatory agencies may be notified of this action.
10.
Appeal Procedures. The user shall have the right to an administrative review of the Director of Public Works' determination by City Council (Council) of the City of Orlando. In order to exercise this right, the User shall comply with all applicable requirements of Chapter Two of the City Code, as it may be from time to time amended.
(Ord. of 6-12-2000, § 2, Doc. #33005)