ENFORCEMENT REMEDIES

Salt Lake City Code tit. 17, div. II, ch. 17.68

in effect

Salt Lake City Code § 17.68.010 NOTIFICATION OF VIOLATION

17.68.010: NOTIFICATION OF VIOLATION: Whenever the director finds that any user has violated or is violating any provision of this division, or any wastewater discharge permit, order, rule or regulation issued or promulgated hereunder, or any other pretreatment standard or requirement, the director may serve upon said user a written notice of violation. Such written notice shall be served in person or by certified mail, return receipt requested. Within ten (10) calendar days after the receipt of such notice, an explanation for the violation and a plan for the satisfactory correction and prevention thereof, which shall 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. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.020 CONSENT ORDERS

17.68.020: CONSENT ORDERS: The director is hereby empowered to enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period specified by the order. Consent orders shall be judicially enforceable. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.030 SHOW CAUSE HEARING

17.68.030: SHOW CAUSE HEARING: The director may order any user which causes or contributes to violation(s) of any provisions of this division, or any wastewater discharge permit or order, rule or regulation issued or promulgated hereunder, or any other pretreatment standard or requirement, to appear before the director and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user, which notice shall specify 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 this proposed enforcement action should not be taken. Such written notice shall be served in person on any authorized representative of the user, or by certified mail, return receipt requested, at least seven (7) days prior to the hearing. Whether or not the user appears as ordered, immediate enforcement action may be pursued following the hearing date. A show cause hearing shall not be a prerequisite for taking any other actions against the user. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.040 COMPLIANCE ORDERS

17.68.040: COMPLIANCE ORDERS: When the director finds that a user has violated or continues to violate any provision of this division, or any wastewater discharge permit, order, rule or regulation issued or promulgated hereunder, or any other pretreatment standard or requirement, the director may issue an order to the user responsible for the violation 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. Compliance orders may also contain other requirements to address noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the POTW. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order release the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a prerequisite to taking any other action against the user. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.050 CEASE AND DESIST ORDERS

17.68.050: CEASE AND DESIST ORDERS: When the director finds that a user has violated or continues to violate any provision of this division, any wastewater discharge permit, rule, order, or regulation issued or promulgated 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: A. Immediately comply with all requirements; and B. 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 to taking any other action against the user. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.060 ADMINISTRATIVE FINES

17.68.060: ADMINISTRATIVE FINES: A. Notwithstanding any other section of this division, any user found to have violated, or continues to violate any provision of this division, or any wastewater discharge permit, or order, rule or regulation issued or promulgated hereunder, or any other pretreatment standard or requirement, may be fined in an amount not greater than ten thousand dollars ($10,000.00) per day, as determined by the director in his reasonable discretion. Such fines shall be assessed on a per day, per violation basis. In the case of monthly or other long term average discharge limits, fines shall be assessed for each day during the period of violation. In determining the amount of civil liability, the director shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. B. The POTW may charge a user for the costs of preparing administrative enforcement actions, such as notices and orders, which charge may be assessed whether or not a fine under subsection A of this section is also imposed. The POTW may recover reasonable attorney fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred. C. Assessments for fines and/or administrative costs may be added to the user's next scheduled sewer service charge, and the director shall have such other collection remedies as may be available for other service charges and fees. D. Unpaid charges, fines, assessments and penalties shall, after sixty (60) calendar days, be assessed an additional penalty of ten percent (10%) of the unpaid balance. Thereafter, interest on any unpaid balances, including penalties, shall accrue at a rate of one percent (1%) per month. A lien against the individual user's property will be sought for unpaid charges, fines, and penalties. E. Users desiring to dispute such fines or assessments must file a written request for the director to reconsider the fine or assessment, along with full payment thereof within thirty (30) days of being notified of the fine or assessment. The director may convene a hearing on the matter within fourteen (14) days of receiving the request from the user. In the event the user's appeal is successful, any amounts paid by the user to the POTW shall be returned to the user, without interest. F. The imposition of an administrative fine, assessment or other charge shall not be a prerequisite for or bar against taking any other action against the user. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.070 EMERGENCY SUSPENSIONS

17.68.070: EMERGENCY SUSPENSIONS: The director may order the immediate suspension or shutoff of a user's discharge (after informal notice to the user), whenever such suspension or shutoff is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause a risk of an imminent or substantial: a) damage to the POTW, b) endangerment to the health or welfare of any residents of the POTW, c) interference with the operation of the POTW, or d) endangerment to the environment. 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 shall take such steps as deemed necessary, including immediate severance of the sewer connection, to enforce such order. 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 set forth in section 17.68.080 of this chapter are initiated against the user. A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment, shall submit to the director a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, prior to the date of any show cause or termination of discharge hearing under sections 17.68.030 and 17.68.080 of this chapter. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.080 TERMINATION OF DISCHARGE

17.68.080: TERMINATION OF DISCHARGE: In concert with the wastewater discharge permit revocation provisions in section 17.52.120 of this title, any user committing any of the following acts or omissions is subject to termination of discharge: A. Violation of any provisions of this division or any wastewater discharge permit, or order, rule or regulation or any pretreatment standard or requirement, issued or promulgated hereunder; B. Failure to accurately report the wastewater constituents and characteristics of its discharge; C. Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge; D. In the event a duly authorized officer or agent of the POTW is refused admission to a user for any reason, the director may cause sewer service to the premises in question to be discontinued until the POTW agents have been afforded reasonable access to the premises and pretreatment system to accomplish the inspection and/or sampling; E. Failure to attain compliance within thirty (30) days of issuance of a compliance order under section 17.68.040 of this chapter; F. In the event of actual or threatened discharges as described in section 17.68.070 of this chapter; G. Violation of the pretreatment standards in sections 17.36.020 through 17.36.110 of this title. The user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 17.68.030 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. 68-11, 2011)

Salt Lake City Code § 17.68.090 INJUNCTIVE RELIEF

17.68.090: INJUNCTIVE RELIEF: Whenever a user has violated a pretreatment standard or requirement or continues to violate any provisions of this division, or any wastewater discharge permit, or order, rule or regulation issued or promulgated hereunder, or any other pretreatment standard or requirement, the director may petition the third district court of the state of Utah for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, or order, rule, regulation or other requirement imposed by this division on activities of the user. In addition, the city may recover reasonable attorney fees, court costs, and other expenses of litigation by appropriate legal action against the user found to have violated any provision hereof, or of any wastewater discharge permit, or order, or any other rule or regulation issued or promulgated hereunder. Such other action as appropriate for legal and/or equitable relief may also be sought by the director including a requirement for the user to conduct environmental remediation. A petition for injunctive relief need not be filed as a prerequisite to or a bar against taking any other action against a user. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.100 CIVIL PENALTY PASS-THROUGH RECOVERY

17.68.100: CIVIL PENALTY PASS-THROUGH RECOVERY: In the event that a user discharges such pollutants which cause the POTW to violate any conditions of its UPDES permit and the POTW is fined by the EPA, the state of Utah or Salt Lake County for such violations, then such user shall be fully liable for the total amount of the fines and civil penalties assessed against the POTW by the EPA or the state of Utah or Salt Lake County and administrative costs incurred. A. A user who 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 may be liable to the city for a maximum civil penalty of ten thousand dollars ($10,000.00) per violation, per day. In the case of a monthly or other long term average discharge limit, penalties shall accrue for each day during the period of the violation. B. The director may recover reasonable attorney fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city. C. In determining the amount of civil liability, the court may take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires. D. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against a user. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.110 REFERRAL TO STATE OF UTAH FOR ACTION; CRIMINAL PROSECUTION

17.68.110: REFERRAL TO STATE OF UTAH FOR ACTION; CRIMINAL PROSECUTION: Violations of any pretreatment standards, requirements, or permit conditions may constitute an offense subject to criminal prosecution. Violations shall be classified no less than a class B misdemeanor. A. A user who wilfully or negligently violates any provision of this division, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than twenty five thousand dollars ($25,000.00) per violation, per day, or imprisonment for not more than six (6) months, or both. B. A user who wilfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of no less than a class B misdemeanor and be subject to a penalty of at least twenty five thousand dollars ($25,000.00), or be subject to imprisonment for not more than six (6) months, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. C. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this division, wastewater discharge permit or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this division shall, upon conviction, be punished by a fine of not more than fifty thousand dollars ($50,000.00) per violation, per day, or imprisonment for not more than six (6) months, or both. D. In the event of a second conviction, a user shall be punished by a fine of not more than fifty thousand dollars ($50,000.00) per violation, per day, or imprisonment for not more than six (6) months, or both. The POTW may refer to the state criminal violations of any pretreatment standards or permit conditions. The Utah attorney general's office will offer Salt Lake County the option to prosecute the violator. Should Salt Lake County decline, the state, at its discretion, may initiate appropriate criminal action. The POTW shall assist the Utah attorney general's office or Salt Lake County any way it can with appropriate support for the action taken. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.120 PERFORMANCE BONDS

17.68.120: PERFORMANCE BONDS: The director may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this division, or of any previous wastewater discharge permit, order, rule or regulation issued or promulgated hereunder, unless such user first files a satisfactory bond, payable to the POTW, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.130 LIABILITY INSURANCE

17.68.130: LIABILITY INSURANCE: The director may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this division, or of any previous wastewater discharge permit or order, rule or regulation issued or promulgated hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.140 WATER SUPPLY SEVERANCE

17.68.140: WATER SUPPLY SEVERANCE: Whenever a user has violated or continues to violate the provisions of this division, or of any wastewater discharge permit, or order, rule or regulation issued or promulgated hereunder, or any other pretreatment standard or requirement, water service to the user may be discontinued. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.150 PUBLIC NUISANCES

17.68.150: PUBLIC NUISANCES: Any violation of the provisions of this division, or of any individual wastewater discharge permit, or order, rule or regulation issued or promulgated hereunder, or any other pretreatment standard or requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the director. Any person(s) creating a public nuisance shall be subject to the provisions of this code governing nuisances, including reimbursing the city for any costs incurred in removing, abating or remedying said nuisance. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.160 CONTRACTOR LISTING

17.68.160: CONTRACTOR LISTING: Users which are found to be in significant noncompliance with any provisions of this division, or of any wastewater discharge permit, or order, rule or regulation issued or promulgated hereunder, or any other pretreatment standard or requirement, are not eligible to receive a contractual award for the sale of goods or services to the POTW. Existing contracts for the sale of goods or services to the POTW held by a user found to be in significant noncompliance with any provisions of this division, or of any wastewater discharge permit or order, rule or regulation issued or promulgated hereunder, or any other pretreatment standard or requirement, may be terminated at the discretion of the POTW. (Ord. 68-11, 2011)

Salt Lake City Code § 17.68.170 REMEDIES NONEXCLUSIVE

17.68.170: REMEDIES NONEXCLUSIVE: The remedies provided are not exclusive remedies. The director reserves the right to take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's enforcement response plan. However, the director reserves the right to take other action against any user when the circumstances warrant. Further, the director is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently. (Ord. 68-11, 2011)

Source: Salt Lake City, Utah, City Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/saltlakecityut/latest/saltlakecity_ut/0-0-0-59354Fetched: 11/1/2026