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A. Responsibility for Enforcement. It shall be the duty of the Planning and Public Works Department to enforce the provisions of the Pierce County Industrial Pretreatment Regulations. In response to noncompliance with any requirement of these Regulations, the Manager shall apply the Enforcement Response Plan, which is a part of the State approved procedures of the Industrial Pretreatment Program. This plan ensures that the application of remedies provided for in this Section and in PCC 13.06.600 and 13.06.610 are appropriate to the violation and consistent with the treatment of other Industrial Users. Any person may obtain a copy of the Enforcement Response Plan by contacting the Manager.

B. Compliance and Cease and Desist Orders.

1. Authority. When the Manager finds that a user has violated or continues to violate any provision of these Regulations, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Manager is hereby authorized to issue an order to the user responsible for the discharge directing that the user come into compliance and/or complete certain steps towards compliance within a time frame specified in the order. The Manager, Building Official, Fire Marshal, Planning Director, Building Inspector, Code Enforcement Officer, Sheriff, or their respective designees, are hereby authorized to issue a Cease and Desist Order when any person, firm, corporation, or agent thereof has violated or continues to or threatens to violate any provision of the Pierce County Industrial Pretreatment Regulations, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement.

2. Orders. Failure of the user to come into compliance or meet any compliance schedule date within the time specified in the order may result in the County taking additional enforcement measures including, but not limited to, assessment of fines or discontinuation of sewer service. Compliance orders may also contain other requirements to address the non-compliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer. Cease and desist orders shall be obeyed immediately and all activity shall cease upon issuance of the order. The order shall specify each violation by reference to the specific Title, Chapter, and Section or by reference to the approved permit. Any person, firm, corporation or agent thereof subject to a cease and desist order shall immediately comply with all requirements and shall 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. The order shall state that a hearing may be requested to the Director of Planning and Public Works.

3. Appeals and Decisions. Appeals of cease and desist orders and other actions taken pursuant to this Section shall be filed at the Planning and Public Works Department. Appeals must be made within 14 days of issuance of the cease and desist order. The appeal must be in writing and specify what portion of the cease and desist order is being appealed. The appeal must be served upon the Director of Planning and Public Works. The Director may set up a meeting within 10 days after receipt of the appeal with the appellant. After the meeting on the matter, the Director shall issue a decision upholding, revoking, or modifying the prior order. The Director will issue a written decision within 30 days of the receipt of the appeal or the meeting, whichever is later. The decision of the Director is final and conclusive unless otherwise determined by a court of appropriate jurisdiction.

C. Additional Enforcement Powers. The County may remove, correct, or replace any improperly constructed facility, structure, or portion thereof. All expenses incurred by the County shall be paid by the property owner. If Pierce County is required to bring an action to recover such costs, the County will recover reasonable attorney's fees and interest at 12 percent per annum to run from the date the work was completed by the County. Applicants must agree to this provision as a condition of issuance of any permit authorized by these Regulations. The County is authorized to make inspections and, as required, to enforce these Regulations. The County representative must be able to present proper credentials and identification before entering onto private property.

(Ord. 2019-35 § 1 (part), 2019; Ord. 2017-12s § 2 (part), 2017; Ord. 2015-25s § 2 (part), 2015; Ord. 2013-25s § 2 (part), 2013)