10-5-24-6: ADMINISTRATIVE ORDERS - CONSENT, COMPLIANCE AND CEASE AND DESIST:

   A.   Agreement For Voluntary Compliance: The City may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will 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 subsections B1 and B2 of this section and shall be judicially enforceable. Use of a consent order shall not be a bar against, or prerequisite for, taking any other action against the user.

   B.   Administrative Orders: When the City finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the City may:

      1.   Issue a compliance order to the user responsible for the discharge directing that the user come into compliance within a time specified in the order. If the user does not come into compliance within the time specified in the order, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders may also 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; or

      2.   Issue a cease and desist order to the user directing it to cease and desist all such violations and directing the user to:

         a.   Immediately comply with all requirements; and

         b.   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.

   C.   Other Action Against User: Issuance of an administrative order shall not be a bar against, or a prerequisite for, taking any other action against the user. (1952 Code § 8-14-24.06)