§ 12A-8-5 Issuance of notice of violation.
(A) Notice of Violation (NOV).
(1) Whenever the Pretreatment Supervisor (PS) finds a User is in violation of any section of this chapter, any provision and/or condition of the User’s permit, compliance or corrective action order, or any other pretreatment standard requirement, the PS may serve, or cause to be served, an NOV to the User.
(2) The NOV shall be served on the User and identify the nature of the alleged violation, the specific time frame for follow-up and/or other corrective actions and include a statement that additional enforcement actions may be pursued by the City if corrective actions are not achieved as required.
(B) Response to Notification of Violation. The User shall respond in writing to the PS within the specified time frame, but not later than 15 calendar days from receipt of the NOV by the User. The response shall provide an explanation of the violation and the corrective action taken. Submission of this response in no way relieves the User of criminal and civil liability for any violations occurring before or after receipt of the NOV.
(C) The PS will determine the validity or appropriateness of the response. If the PS finds the response to be appropriate and satisfactory, the NOV will be closed and recorded in the facility file as part of compliance history. Closure to the NOV will be documented in writing and provided to the User. Closure of the NOV does not preclude further enforcement action.
(D) Deficient Response to Notification of Violation. Upon review of a response to a notification of violation the PS finds the response to be deficient, the PS may require additional information, suspend or revoke the User’s permit, issue an administrative fine, order the User to cease discharge, and/or seek appropriate injunctive relief and criminal and/or civil penalties. (Ord. 14-1290, passed 3-3-2014; Am. Ord. 23-1584, passed 9-25-2023)