Administrative enforcement remedies.
Tulsa Revised Ordinances tit. 11-C, § 1209
in effectSection 1209. - Administrative enforcement remedies.
A. Notice of Violation. When the Director 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 Director may serve upon that User a written Notice of Violation. The Director may require the submission of a written explanation of the violation and a plan for the satisfactory correction and prevention thereof, within a time frame specified by 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 may 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. Administrative Fines.
1. When the Director 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 Director may fine such User in an amount not to exceed One Thousand Dollars ($1,000.00) per day. Such fines may be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines may be assessed for each day during the period of violation.
2. Notice of an administrative fine shall be served personally on the User or by certified mail (return receipt requested). Payment of the fine is to be received, by the Director, within fifteen (15) days after such notice is served.
3. Failure to submit payment of an administrative fine within fifteen (15) days shall be considered a violation of this chapter.
4. Penalties for Late Submittals. Reports, payments and other information required by this chapter, permits or orders issued hereunder shall be submitted in a timely manner. Submittals received fifteen (15) days after required submittal dates, may result in the assessment of admistrative penalties of three hundred dollars ($300.00). An administrative penalty of one hundred dollars ($100.00) per day may be assessed for each additional day the required submittal is late. Actions taken by the Director to collect late submittal penalties shall not limit the Director's authority to initiate other enforcement actions that may include penalties for late submittal violations. Users who repeatedly submit late submittals may be assessed additional penalties consistent with the City of Tulsa's Enforcement Response Plan.
5. Issuance of an administrative fine shall not be a bar against or a prerequisite for taking any other action against the User.
C. Administrative Orders. When the Director 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 Director may issue an administrative 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 operating. Administrative 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. An administrative order may not extend a federally established deadline for compliance with a Pretreatment Standard or requirement, nor does an administrative order relieve the User of liability for any violation, including any continuing violation. Issuance of an administrative order shall not be a bar against or a prerequisite for taking any other action against the User.
D. Appeals. Users may dispute any Notice of Violation or Administrative Fine or Administrative Order issued by the Director pursuant to Subsections 1209.A, 1209.B, or 1209.C. Persons desiring to dispute such actions must file a written request for the Director to reconsider the action taken within fifteen (15) days of being notified of the action. Where a request has merit, the Director may convene a hearing on the matter. In the event the User's appeal is successful, the Director may modify or withdraw the notice or fine. If the Director fails to act within thirty (30) days of notice of an appeal, a request for reconsideration shall be deemed to be denied. The Director's decisions whether to withdraw or modify such enforcement action shall be considered final, unless a written notice for an appeal to the applicable Utility Authority is filed with the City Clerk's office within fifteen (15) days after service on the petitioner of the Director's decision. Within fifteen (15) days following the Utility Authority's action, any party adversely affected by the Utility Authority's action may appeal to the City Council by filing a notice of appeal in the office of the City Clerk and providing notice to the other party and the Director. The appeal shall be heard by the City Council at its next available meeting after the filing of the notice of appeal.
E. Consent Orders. The Director may enter into Consent Orders, assurances of 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 orders issued pursuant to Subsections 1209.C and 1209.G of this chapter and shall be judicially enforceable.
F. Show Cause Hearing. The Director may order a User which 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, 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 meeting, 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 meeting shall be served personally or by registered or certified mail (return receipt requested). 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.
G. Cease and Desist Orders. When the Director 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, 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 preventive 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.
H. Emergency Suspensions. The Director may immediately suspend a User's discharge, after informal notice to the User, whenever such suspension is necessary to stop an actual or threatened discharge that 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 discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.
1. Any User notified of a suspension of its discharge shall immediately stop or eliminate its contribution. 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 the POTW, the environment, 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 Subsection 1209.I of this chapter are initiated against the User.
2. A User that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit to the Director, prior to the date of any show-cause or termination hearing under Subsections 1209.F or 1209.I of this chapter, a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.
3. 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 provisions in Subsection 1204.E of this chapter, 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 discharge;
4. Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling; or
5. Violation of any Pretreatment Standard in Section 1201 of this chapter.
Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Subsection 1209.F of this chapter 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. Nos. 17419, 19991; Ord. No. 22851, § 1, 3-28-2013)
Source: City of Tulsa, Revised Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/tulsa/codes/code_of_ordinances?nodeId=COOR_TIT11-CWASE_CH12SEUS_S1209ADENREFetched: 10/28/2026