§ 122-45. Administrative orders and penalty.

(a)

Compliance or administrative orders. When it is found that a user has violated or continues to violate this article, or a permit or an order issued thereunder, the water system may issue an order to the user responsible for the discharge directing that, following a specific time period, water and wastewater service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and management practices.

(b)

Cease and desist orders. When it is found that a user has violated or continues to violate this article or a permit or order issued thereunder, the department director may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

(1)

Comply forthwith; and

(2)

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

(c)

Penalty. Notwithstanding any other section of this article, any user who is found to have violated any provision of this article or permits and orders issued pursuant to this article shall be fined in an amount not to exceed $1,000.00 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer charge and the water system shall have such other collection remedies as necessary to collect these and other service charges. Unpaid charges, fines and penalties shall constitute a lien against the user's property. Users desiring to dispute such fines must file a request for the director to reconsider the fine within ten days of being notified of the fine. Where the water system director believes a request has merit, he shall convene a hearing on the matter within 15 days of receiving the request from the user.

(Ord. of 6-28-88, § 3-26-175; Ord. of 2-27-07; Amd. of 2-26-13)