Legal Documents of Jefferson City

JCSCD shall have the administrative authority to enforce this program. Whenever JCSCD finds that any user has violated or is violating this program, or any prohibition, limitation or requirements contained herein, JCSCD will initiate corrective action, which may include but not be limited to the following:

JCSCD may issue any user a written notice stating the nature of violation. Within fifteen (15) days of the date of notice, a plan for the satisfactory correction thereof shall be submitted to JCSCD by the user.

JCSCD may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance with a time period specified by the order up to and including suspension of water service.

JCSCD may suspend water or sewer service when such suspension is necessary, in the opinion of JCSCD; in order to stop an actual or threatened discharge which:

1. Presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment;
2. Causes stoppages, sanitary sewer overflows, or excessive maintenance to be performed to prevent stoppages in the sanitary sewer collection system;
3. Causes interference to the POTW; or

4. Causes JCSCD to violate any condition of its NPDES permits Any person notified of a suspension of the water or sewer service shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, JCSCD shall take such steps as deemed necessary, including immediate termination of water or sewer service, to prevent or minimize damage to the POTW system or sewer connection or endangerment to any individuals. JCSCD shall reinstate the water or sewer service when such conditions causing the suspension have been eliminated, and the reconnection fee paid. A detailed written statement submitted by the user describing the cause(s) of the harmful discharge and the measure(s) taken to prevent any future occurrence shall be submitted to JCSCD within fifteen (15) days of the date of occurrence.

   When JCSCD finds that a user has violated or continues to violate the provisions set forth in this program, or the order issued hereunder, JCSCD may issue an order for compliance to the user responsible for the discharge. Orders may contain any requirements as might be reasonable, necessary and appropriate to address the noncompliance, including but not be limited to the installation of pretreatment technology, additional self-monitoring and management practices.

   Notwithstanding any other remedies or procedures available to JCSCD, any permitted user who is found to have violated any provision of this program, or any order issued hereunder, may be assessed an administrative penalty of not to exceed one thousand dollars ($1,000.00) per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessment may be added to the user's next scheduled sewer service charge and JCSCD shall have such other collection remedies as are available by law.

   Any person affected by a penalty, order, or directive of JCSCD issued pursuant to this program may, within ten (10) days of the issuance of such penalty, order or directive, request a hearing in writing before JCSCD to show cause why such should be modified or made to not apply to such person. The requested hearing shall be held as soon as practical after receiving the request, at which time the person affected shall have an opportunity to be heard. At the conclusion of the hearing, JCSCD shall issue a written response to the person requesting the hearing affirming, modifying, or rescinding the penally, order or directive at issue. (as added by Ord. #2008-10, Aug. 2008)