§ 2-31-49. Administrative enforcement remedies.

(a)

Notification of violation. When the director finds that a user has violated, or continues to violate, any provision of this section, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director may serve upon that user a written notice of violation. Within thirty (30) days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(b)

Consent orders. The director may enter into consent orders, assurances of voluntary compliance, or other 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 this division and shall be judicially enforceable.

(c)

Show cause hearing. The director may order a user which has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least twenty (20) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user. If the alleged violating user is represented at the hearing by counsel, the county shall likewise be represented by the office of the county attorney or other assigned counsel.

(d)

Compliance orders. When the director finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may 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 system. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user 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 the user.

(e)

Cease and desist orders. When the director finds that a user has violated, or continues to violate, any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the director may issue an order to the user directing it to cease and desist all such violations and directing the user to:

(1)

Immediately comply with all requirements; and

(2)

Take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(f)

Administrative hearings. Any administrative fines provided for in this division shall be imposed only after the following hearing procedure has been complied with:

(1)

If a violation of this division is found, the director or officer shall notify the violator of the specific violation(s) and the applicable section(s) of this division. The notice of violation shall conform to the relevant provisions of Section 162.06, Florida Statutes, and shall be hand delivered or mailed to said violator as provided in Section 162.12, Florida Statutes.

(2)

The code enforcement clerical staff shall schedule an administrative hearing, and written notice of such hearing shall be hand delivered or mailed to said violator as provided in Section 162.12, Florida Statutes.

(3)

The administrative hearing shall be conducted in accordance with Section 162.07, Florida Statutes, by the Manatee County code enforcement board or special magistrate.

(4)

The violator shall have the opportunity to be represented by counsel at the violator's expense and to examine and cross-examine witnesses at the hearing.

(5)

The county shall be represented at the hearing by the office of the county attorney.

(6)

At the conclusion of the hearing, the code enforcement board or special magistrate shall issue findings of fact, based on evidence of record, and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted in Chapter 162, Part I, Florida Statutes. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. The code enforcement board or special magistrate shall have all powers set forth in Section 162.08, Florida Statutes.

(7)

An aggrieved party, including Manatee County, may appeal a final administrative order of the code enforcement board or special magistrate to the circuit court in accordance with Section 162.11, Florida Statutes.

(g)

Administrative fines.

(1)

The code enforcement board or special magistrate may order the violator to pay a fine in accordance with Section 162.09, Florida Statutes. A fine imposed pursuant to Section 162.09, Florida Statutes, shall not exceed two hundred fifty dollars ($250.00) per day for a first violation and shall not exceed five hundred dollars ($500.00) per day for a repeat violation. However, if the code enforcement board or special magistrate finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed five thousand dollars ($5,000.00) per violation. In determining the amount of the fine, if any, the code enforcement board or special magistrate shall consider the factors set forth in Paragraph 162.09(2)(b), Florida Statutes. The code enforcement board or special magistrate may reduce a fine imposed pursuant to Section 162.09, Florida Statutes.

(2)

A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Such order shall be enforceable in the manner provided by Section 162.09, Florida Statutes. A fine imposed pursuant to Section 162.09, Florida Statutes, shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to Section 162.09, Florida Statutes, whichever occurs first.

(3)

A lien arising from a fine imposed pursuant to Section 162.09, Florida Statutes, runs in favor of the board of county commissioners, and the board of county commissioners may execute a satisfaction or release of lien entered pursuant to Section 162.09, Florida Statutes. The lien may be foreclosed in accordance with Section 162.09, Florida Statutes. The duration of the lien shall conform to the provisions of Section 162.11, Florida Statutes.

(4)

Imposition of an administrative fine shall not be a bar against or a prerequisite for taking any other action against the user.

(h)

Emergency suspensions. The director may immediately suspend a user's permit or discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The director may also immediately suspend a user's permit or discharge, after notice and opportunity to respond, that threatens to interfere with the operation of any of Manatee County's wastewater treatment plants, pumping stations, or collection system, or which presents or may present an endangerment to the environment.

(1)

Any user notified of a suspension of its permit or discharge shall immediately stop or eliminate its discharge. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to any of Manatee County's wastewater treatment plants, pumping stations, or collection system, or endangerment to any individuals. The director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director that the period of endangerment has passed, unless the termination proceedings in this division are initiated against the user. The user shall pay all costs associated with reconnection to Manatee County's sanitary sewer collection system.

(2)

A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director prior to the date of any show cause or termination hearing under this division. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.

(i)

Termination of discharge. In addition to the other provisions of this division, any user who violates the following conditions is subject to discharge termination:

(1)

Violation of wastewater discharge permit conditions;

(2)

Failure to accurately report the wastewater constituents and characteristics of its discharge;

(3)

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to change;

(4)

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling; or

(5)

Violation of the pretreatment standards in this division.

Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this division why the proposed action should not be taken. Exercise of this option by the director shall not be a bar to, or a prerequisite for, taking any other action against the user.

(Ord. No. 98-28, § 10, 9-1-98; Ord. No. 05-69, §§ 14—16, 10-25-05)