§ 1145.91. Orders.

The director may issue orders to any person as deemed necessary to administer and enforce the provisions of this chapter and regulations adopted pursuant to this chapter. No person shall violate any order issued under this chapter. Any person issued an order by the director may request a hearing to appeal the order pursuant to Section 1145.94 of this chapter.

(A)

The director may issue, but is not limited to the following orders.

(1)

Order by Consent. The director may enter into a consent order establishing an agreement with any person responsible for noncompliance. Such order shall include specific actions to be taken by the person to correct the noncompliance within a specific time period.

(2)

Compliance Order. When the director finds that a person has violated, or continues to violate this chapter, the director may issue an order to the person responsible for the discharge directing that the person come into compliance within a specified time. If the person does not come into compliance within the time provided, sewer service may be discontinued by plugging the stormwater discharge at connection with the city's MS4 unless adequate BMP, treatment facilities, devices, or other related appurtenances are installed and properly operated. The orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of new technology, monitoring or additional monitoring and revised BMP or management practices. A compliance order may not extend the deadline for compliance established for a standard or requirement, nor does a compliance order relieve the person 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 such person.

(3)

Cease and Desist Orders. When the director finds that a person has violated, or continues to violate this chapter, the director may issue an order to cease and desist all such violations and direct such persons in noncompliance to:

(a)

Comply forthwith;

(b)

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.

(Ord. No. 1327-2012, § 1, 7-23-2012, eff. 10-1-2012)