Chapter 13.25


13.25.010    Notification of violation.

13.25.020    Hearing officer.

13.25.030    Hearing procedures.

13.25.040    Penalties.

13.25.050    Appeal.

13.25.060    Notice of significant noncompliance.

13.25.070    Enforcement response plan.

13.25.080    Judicial proceedings.

13.25.010 Notification of violation.

A. Whenever the director finds that a person is in violation of any provision of this chapter not relating to payment of fees, any part of a permit, or any order for corrective action, the director shall serve or cause to be served upon such person a written notice of violation (“NOV”). The NOV shall state the nature of the alleged violation. A copy of the NOV shall be delivered to the hearing officer specified in STC 13.25.020.

B. The NOV shall include a temporary order prohibiting any discharge by the alleged violator when, in the opinion of the director, such an order is necessary to cease a discharge from a user that may present a hazard to public health, safety or welfare, or to the environment, or pass-through, interference, or upset to the SWTRF. A user shall cease discharge of all wastewater to the SWTRF upon receipt of such an order. If a user fails to comply with said order, the director shall take such steps as necessary to ensure compliance, up to and including erection of a physical barrier.

C. A person served with an NOV may respond in writing to the director within 10 days from receipt of the NOV by the person, addressing the allegations stated in the NOV. A copy of such response shall be delivered to the hearing officer specified in STC 13.25.020. It shall not be a defense to a violation to assert that it would have been necessary to halt or reduce the permitted discharge in order to maintain compliance with the conditions of the permit.

D. Upon review of a response to an NOV, the director may, in his or her discretion, discontinue enforcement proceedings for the alleged violations. If the director discontinues enforcement proceedings, he or she shall so state in a written notice served upon the alleged violator. A copy of such notice shall be delivered to the hearing officer specified in STC 13.25.020. [Ord. 2002-05; prior code § 16-5-1.]

13.25.020 Hearing officer.

Enforcement proceedings conducted pursuant to this chapter shall be heard before the town magistrate, or by a hearing officer appointed by the town council pursuant to ARS 9-500.21. [Ord. 2002-05; prior code § 16-5-2.]

13.25.030 Hearing procedures.

A. The hearing officer shall hold a hearing within 30 days of receipt of an NOV to determine whether a violation has occurred.

B. No hearing may be conducted pursuant to this section after the director has issued a notice pursuant to STC 13.25.010(D).

C. The judicial rules of civil procedure and evidence shall not apply to hearings conducted pursuant to this section.

D. The hearing officer shall consider the NOV and any response by the alleged violator, as well as the evidence presented by both parties, in determining whether a violation has occurred.

E. If the alleged violator fails to appear at the hearing, the violations in the NOV shall be considered admitted and the hearing officer shall enter judgment accordingly.

F. The hearing officer shall issue a written order within 10 days of the hearing, setting forth his or her judgment and specific findings of fact in support thereof. [Ord. 2002-05; prior code § 16-5-3.]

13.25.040 Penalties.

A. If the hearing officer finds that the violations alleged in an NOV have occurred, he or she may impose any or all of the following penalties:

1. Revocation of the violator’s permit.

2. Suspension of the violator’s permit pending compliance with the provisions of this chapter. Such suspension shall continue for no longer than 30 days.

3. A fine of up to $2,500 per day of the violation after the NOV was received by the violator.

4. An order directing the violator to perform specified remedial, corrective or clean-up actions at the violator’s expense.

5. Restitution to the town for any interference, pass-through, upset, or any other damage to the SWTRF that resulted from the violation.

B. If a person fails to comply with any order issued pursuant to this section, the town attorney may prosecute that person pursuant to ARS 13-2810. [Ord. 2002-05; prior code § 16-5-4.]

13.25.050 Appeal.

The director or violator may appeal any decision of the hearing officer to the superior court pursuant to ARS 12-124. [Ord. 2002-05; prior code § 16-5-5.]

13.25.060 Notice of significant noncompliance.

To comply with the public participation requirements of 40 C.F.R. Part 25 in the enforcement of national pretreatment standards, the director shall publish, at least annually, in the daily newspaper with the largest circulation in the area in which the SWTRF is located, a list of persons that, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment requirements as required under 40 C.F.R. 403.8(f)(2)(vii)(A-H). [Ord. 2002-05; prior code § 16-5-6.]

13.25.070 Enforcement response plan.

The SWTRF shall develop and implement an enforcement response plan in accordance with the requirements of 40 C.F.R. 403.8(f)(2)(5). [Ord. 2002-05; prior code § 16-5-7.]

13.25.080 Judicial proceedings.

Whenever the director finds that a user has violated any of the provisions of this chapter, the director may ask the town’s attorney to take appropriate legal action, in lieu of proceeding under STC 13.25.010. This legal action may include, but shall not be limited to, the following:

A. Prohibitive injunctions.

B. Injunctions for corrective action and cleanup.

C. Civil penalties in accordance with this chapter.

D. Recovery of civil damages, penalties, and costs to the SWTRF. [Ord. 2002-05; prior code § 16-5-8.]