Compliance and enforcement.
Las Vegas Municipal Code § 14.17.075
in effect14.17.075 - Compliance and enforcement.
(A) Pretreatment enforcement response plan. As required by Federal regulations, the City will establish a pretreatment enforcement response plan for carrying out the provisions of this Chapter, as well as enforcement policies and procedures consistent with that plan.
(B) Publication of industrial users in significant noncompliance. The City shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of the SIUs which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment standards and requirements. For purposes of this subsection (B), "significant noncompliance" is as defined in LVMC 14.17.010. In addition, the City shall include in that publication a list of all IUs which, during that same period, were noncompliant with subsections (3), (4) or (8) as set forth in the definition of "significant noncompliance" referred to above.
(C) Administrative enforcement.
(1) Notice of violation. Whenever the Director finds that an industrial user has violated or continues to violate any provision of this Chapter, a pretreatment standard or requirement, an industrial wastewater discharge permit, an authorization to discharge, or an order or other control mechanism issued under this Chapter, the Director may serve upon the industrial user a written notice of violation (NOV). Within five days after the receipt of an NOV, the industrial user shall submit to the Director an explanation of the violation and a plan for satisfactory correction and prevention of further violations. Submission of such a plan in no way relieves the industrial user of liability for any violations occurring before or after receipt of the NOV. 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 NOV.
(2) Administrative order. Whenever the Director finds that an industrial user has violated or continues to violate any provision of this Chapter, a pretreatment standard or requirement, an industrial wastewater discharge permit, an authorization to discharge, or an order or other control mechanism issued under this Chapter, the Director may issue an administrative order to the industrial user responsible for the discharge directing that the industrial user come into compliance within a specific time. If the industrial user does not come into compliance within the time provided, the City may discontinue sewer service to the industrial user unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. An administrative order 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 POTW. An administrative order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does it relieve the industrial user of liability for any violation, including any continuing violation. Issuance of an administrative order shall not be a bar against, limitation, or a prerequisite for, taking any other action against the industrial user.
(3) Consent order. The City may enter into a consent order, a document containing assurances of voluntary compliance, or any other similar document establishing a commitment by or agreement with any industrial user responsible for noncompliance. Any such document shall include specific actions to be taken by the industrial user to correct the noncompliance within a time period specified by the document. A consent order or similar document may include penalties, supplemental environmental projects, or other conditions and requirements as agreed to by the City and the industrial user. A consent order or similar document shall have the same force and effect as an administrative order and shall be judicially enforceable.
(4) Show cause hearing.
(a) Whenever the Director finds that an industrial user has violated or continues to violate any provision of this Chapter, a pretreatment standard or requirement, an industrial wastewater discharge permit, an authorization to discharge, or an order or other control mechanism issued under this Chapter, the Director may order the industrial user to appear before the Director and show cause why enforcement action proposed in the order 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 certified mail (return receipt requested) at least ten days prior to the hearing. Such notice may be served on any authorized representative of the industrial user. Neither the decision to order a show cause hearing nor the holding of a show cause hearing shall act as a bar against, limitation of, or prerequisite for taking any other action against the industrial user.
(b) After the Director has reviewed the evidence presented in connection with a show cause hearing, the Director may issue regarding the industrial user:
(i) An order directing that, following a specified time period, sewer service to the industrial user be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed, or existing treatment facilities, devices or other related appurtenances are properly operated.
(ii) Further orders and directives as are deemed necessary and appropriate to correct the violation.
(5) Cease and desist order.
(a) Whenever the Director finds that an industrial user has violated or continues to violate any provision of this Chapter, a pretreatment standard or requirement, an industrial wastewater discharge permit, an authorization to discharge, or an order or other control mechanism issued under this Chapter, and that the industrial user's past violations are likely to recur, the Director may issue a cease and desist order to the industrial user directing it to cease and desist all such violations and directing the industrial user to:
(i) Immediately comply with all requirements;
(ii) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge, or both.
(b) The issuance of a cease and desist order shall not act as a bar against, limitation of, or prerequisite for taking any other action against the industrial user.
(6) Administrative fines.
(a) Whenever the Director finds that an industrial user has violated or continues to violate any provision of this Chapter, a pretreatment standard or requirement, an industrial wastewater discharge permit, an authorization to discharge, or an order or other control mechanism issued under this Chapter, the Director may fine the industrial user in an amount not to exceed ten thousand dollars per violation per day, or as otherwise limited by law. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. The Director may add the actual costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(b) An industrial user who disputes a fine or the amount thereof may seek reconsideration thereof by filing a written request for reconsideration with the Director. The Director may require that the filing of the request be accompanied by full payment of the fine amount, either immediately or within thirty days after have been notified of the fine. The Director shall provide the industrial user the opportunity to submit information in support of the request for reconsideration, including the setting of a hearing where the Director deems appropriate. The Director may conduct the hearing or direct that the hearing be held by a designee of the Director. In the event the reconsideration is granted in favor of the industrial user, either by reducing the amount of the fine or canceling the fine, the amount of the reduction or cancellation shall be returned to the industrial user, together with any accrued interest.
(c) The issuance of an administrative fine shall not act as a bar against, limitation of, or prerequisite for taking any other action against the industrial user.
(7) Emergency suspension of service.
(a) Endangerment to health or welfare of the community. Notwithstanding any other provision of this Chapter, the City, without formal notice to an industrial user, may immediately and effectively halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the City, any area under jurisdiction of the City, the POTW of the City or any wastewater collection system tributary thereto, by any available means, including physical disconnection from the wastewater collection system, whenever it reasonably appears that such discharge presents an imminent endangerment to the health or welfare of the community.
(b) Endangerment to environment or treatment works. Whenever a discharge presents or may present an endangerment to the environment or threatens to interfere with the operation of the POTW, the City, after written notice to the discharger, may halt or prevent any discharge of pollutants into any natural waterway, any area of surface drainage within the City, any area otherwise under the jurisdiction of the City, the POTW, or any wastewater collection system tributary thereto, and may do so by any available means, including physical disconnection from the wastewater collection system,
(c) In the case of an emergency suspension referred to in subsection (b) above, where the notice referred to is accompanied by an order to stop the discharge or contribution, the discharger so notified shall immediately stop or eliminate the discharge or contribution that is the subject of the notice. In the event of a failure of the discharger to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary, including immediate severance of the sewer connection, in order to prevent or minimize damage to the POTW or endangerment to individuals or the environment. Upon receipt of proof of the elimination of the non-complying discharge, the City may reinstate:
(i) An industrial wastewater discharge permit, authorization to discharge, or other wastewater treatment service;
(ii) Wastewater treatment service; or
(iii) A combination of subsections (i) and (ii) above.
(d) In the case of any discharge that has been the subject of an emergency suspension under this subsection (7), the industrial user shall provide to the City a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence. The statement shall be provided to the City within five days after the date of the occurrence.
(e) Suspension of service under this subsection (7) shall not act as a bar against, limitation of, or prerequisite for taking any other action against the industrial user.
(8) Revocation of industrial wastewater discharge permit or authorization to discharge. In connection with a revocation proceeding referred to in LVMC 14.17.030(M):
(a) An industrial user whose industrial wastewater discharge permit or authorization to discharge has been revoked or who has been served with a notice of an intended order for revocation may file with the Director a request for a hearing with respect thereto. The filing of a request for a hearing shall not stay the existing or proposed suspension.
(b) If a hearing is requested with respect to an existing or proposed suspension or revocation, other than for action taken by the City under LVMC 14.17.075(C)(7), the Director shall hold a hearing following, as much as is practicable, the process described in LVMC 14.17.075(C)(4).
(D) Judicial enforcement remedies.
(1) Injunctive relief.
(a) Whenever the City finds that an industrial user has violated or continues to violate any provision of this Chapter, a pretreatment standard or requirement, an industrial wastewater discharge permit, an authorization to discharge, or an order or other control mechanism issued under this Chapter, the City may petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the industrial wastewater discharge permit, order, or other requirement imposed by this Chapter on the activities of an industrial user. The City may also seek such other action as is appropriate for legal or equitable relief (or both), including a requirement for the industrial user to conduct environmental remediation. A petition for injunctive relief shall not act as a bar against, limitation of, or prerequisite for taking any other action against the industrial user.
(2) Civil penalties.
(a) An industrial user who has violated, or continues to violate, any provision of this Chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the City in a judicial proceeding for a maximum civil penalty not to exceed ten thousand dollars per day per violation, or as otherwise limited by law. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of violation.
(b) The City may recover reasonable attorneys' 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) Filing a suit for civil penalties shall not act as a bar against, limitation of, or prerequisite for taking any other action against the industrial user.
(3) Civil/administrative fine pass through. If an industrial user discharges pollutants that cause the City to violate any condition of its NPDES permit and the City is fined by the EPA or NDEP for such violation, then the industrial user shall be fully liable for the total amount of the fine assessed against the City by the EPA or NDEP.
(4) Criminal penalties.
(a) An industrial user that willfully, recklessly or negligently violates any provision of this Chapter, including making false statements, shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed ten thousand dollars for each violation, or as otherwise limited by law, or by imprisonment up to six months, or both. Each day any violation of this Chapter occurs shall constitute a separate offense.
(b) The City may refer any violation that may warrant criminal prosecution to the U.S. Attorney General's Office, State Attorney General, EPA Criminal Investigation Division or other appropriate agency. This referral shall not preclude the City from taking a parallel administrative or civil enforcement action.
(E) Other remedies available to the city.
(1) Liability insurance. Whenever the City finds that an industrial user has violated or continues to violate any provision of this Chapter, a pretreatment standard or requirement, an industrial wastewater discharge permit, an authorization to discharge, or an order or other control mechanism issued under this Chapter, the City may decline to issue or to reissue an industrial wastewater discharge permit, authorization to discharge, or other control mechanism unless the industrial user first submits proof that it has obtained liability insurance coverage sufficient to restore or repair damage to the POTW caused by a discharge for which the industrial user is responsible.
(2) Performance bonds. Whenever the City finds that an industrial user has violated or continues to violate any provision of this Chapter, a pretreatment standard or requirement, an industrial wastewater discharge permit, an authorization to discharge, or an order or other control mechanism issued under this Chapter, the City may decline to issue or reissue an industrial wastewater discharge permit, authorization to discharge, or other control mechanism unless the industrial user first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the City to be necessary to achieve consistent compliance.
(3) Public nuisance. The violation by an industrial user of any provision of this Chapter, a pretreatment standard or requirement, an industrial wastewater discharge permit, an authorization to discharge, or an order or other control mechanism issued under this Chapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the City. Any persons(s) creating a public nuisance shall be subject to the provisions of the Las Vegas Municipal Code governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying the nuisance.
(4) Damage/tampering. It is unlawful for any person, without authority to do so, to willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Such person shall be subject to an appropriate criminal prosecution or civil proceeding available under this Code or other applicable law, and is liable for such penalties as may be established in connection therewith.
(Ord. No. 6891, § 2, 11-6-24)
Source: City of Las Vegas, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/las_vegas/codes/code_of_ordinances?nodeId=TIT14PUSE_CH14.17WACOTR_14.17.075COENFetched: 10/28/2026