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Page 33 <br /> SECTION 10 - ADMINISTRATIVE ENFORCEMENT REMEDIES <br /> 10 . 1 Notification of Violation <br /> Whenever the Manager finds that any user has violated or is <br /> violating this ordinance, a wastewater discharge permit or order issued <br /> hereunder, or any other pretreatment requirement, the Manager or his <br /> agent may serve upon said user a written Notice of Violation. Within <br /> twenty (20) calendar days of the written receipt of this notice, a <br /> written explanation of the violation and a plan for the satisfactory <br /> correction and prevention thereof, to include specific required <br /> actions, shall be submitted by the user to the Manager. Submission of <br /> this plan in no way relieves the user of liability for any violations <br /> occurring before or after receipt of the Notice of Violation. Nothing <br /> in this section shall limit the authority of Batesville Utilities <br /> Commission to take any action, including emergency actions or any other <br /> enforcement action, without first issuing a Notice of Violation. <br /> When the twenty (20) day period, referred to above, falls on a <br /> weekend or National Holiday, then the written response shall be due <br /> upon the next following business day. <br /> 10 .2 Consent Orders <br /> The Manager is hereby empowered to enter into Consent Orders, <br /> assurances of voluntary compliance, or other similar documents <br /> establishing an agreement with any user who is or has been in <br /> noncompliance. Such orders will include specific action to be taken by <br /> the user to correct the noncompliance within a time period to be <br /> specified by the order. Consent Orders shall have the same force and <br /> effect as the administrative orders issued pursuant to Sections 10 . 3 <br /> and 10 .4 below and shall be judicially enforceable. <br /> 10 . 3 Compliance Orders <br /> After the expiration of the time for submission by the user to <br /> the Manager of a written explanation of the violation and the written <br /> plan for the satisfactory correction and prevention thereof, if the <br /> Manager then finds that the user continues to violate this ordinance, a <br /> wastewater discharge permit, or order issued thereunder, or any <br /> pretreatment requirement, he may issue an order to the user responsible <br /> for the discharge directing that the user come into compliance. If the <br /> user does not come into compliance within the time specified in the <br /> Managers compliance order, sewer service may be discontinued unless <br /> adequate treatment facilities, devices, or other related appurtenances <br /> are installed and properly operated. Compliance orders may also <br /> contain other requirements to address the noncompliance, including <br /> additional self-monitoring, and management practices designed to <br /> minimize the amount of pollutants discharged to the sewer. A <br /> compliance order may not extend the deadline for compliance established <br /> for a Federal pretreatment standard or requirement, nor does a <br /> compliance order release the user of liability for any violation, <br /> C including any continuing violation. Issuance of a compliance order <br /> shall not be a prerequisite to taking any other action against the <br /> user. <br />