§ 37-751. Supplemental enforcement.

(a)

Performance bonds. The director may decline to issue or reissue an industrial wastewater discharge permit or waste hauler operating permit to any user who has failed to comply with any provision of this article, a previous industrial wastewater discharge permit or waste hauler operating permit, or an enforcement order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the county, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance.

(b)

Liability insurance. The director may decline to issue or reissue an industrial wastewater discharge permit to any user who has failed to comply with any provision of this article, a previous industrial wastewater discharge permit or waste hauler operating permit, or an enforcement order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained and maintains for the duration of any permit financial assurances sufficient to restore or repair damage to the county WWF that may be caused by its discharge.

(c)

Water supply severance. Whenever a user has violated or continues to violate any provision of this article, an industrial wastewater discharge permit, waste hauler operating permit, or an enforcement order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed by the director. Service shall recommence, at the user's expense, only after the user has satisfactorily demonstrated to the director its ability to comply with this article, the industrial wastewater discharge permit or waste hauler operating permit, or enforcement order, paid in full the fines and civil penalties assessed for the violation(s) and paid in full any outstanding invoices for wastewater services. The control authority shall not be responsible for any damages incurred by a user caused by, or related to, the water supply being severed.

(d)

Public nuisances. A violation of any provision of this article, an industrial wastewater discharge permit, a waste hauler operating permit, or enforcement order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance, and the county shall be entitled to receive from the violator any costs incurred in removing, abating, or remedying said nuisance.

(e)

Contractor listing. Users which have not achieved compliance with applicable pretreatment standards and requirements or waste hauler operating permit requirements are not eligible to receive a contractual award for the sale of goods or services to the county. Existing contracts for the sale of goods or services to the county held by a user found to be in significant noncompliance with pretreatment standards or requirements or waste hauler operating permit requirements may be terminated at the discretion of the county.

(f)

Letter of credit. The director may decline to issue or reissue an industrial wastewater discharge permit or waste hauler operating permit to any user who has failed to comply with any provision of this article, a previous industrial wastewater discharge permit or waste hauler operating permit, or an enforcement order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory letter of credit payable to the county, in a sum not to exceed a value determined by the director to be necessary to achieve consistent compliance.

(Ord. No. 2002-20, § 1, 12-3-02; Ord. No. 2009-19 , § 6, 7-14-09)