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judi ci a1 or governmental agency assistance to implement the purposes and <br />pray ~ s ~ on s thereof . <br />6.586 Industrial Pretreatment Pro ram -Enforcement Orders. <br />{1} Generally. In addition to any penalty or fine which may <br />otherwise be charged, or other enforcement action which may otherwise be taken <br />against any industrial user found to be i n violation of any provision of th i s <br />cade, the city manager may: <br />{a} Issue a written notice of noncompliance; <br />{b} Issue a written notice of violation; <br />{c} Impose an administrative civil penalty under section <br />2.018 of this code; and <br />{d} Issue a wri tten comp1 i once order. The person to whom <br />the compliance order is issued shall comply with the order. Any <br />violation of the compliance order shall be subject to the same <br />enforcement actions as any other vi al ati on of this code. <br />The notices or orders authorized hereunder shall advise the i ndustri a1 user of <br />the right to appeal the penalty or order i n accordance with the provisions of <br />subsection {6} of this section. <br />{2} Basis of penalty. A noncompl lance penalty may be levied by the <br />city manager when either a constituent 1 imitation has been exceeded or a <br />compliance requirement has not been met. The city manager may impose a penalty <br />on any such i ndustri a1 user for each day the industrial user has allowed a <br />discharge i n v i of at i vn of this cade, rules adopted hereunder, notice of <br />violation, or administrative compliance order, or i n excess of permit 1 i mi tat i ons <br />ar otherwise has f ai 1 ed to observe the requirements of its discharge permit. The <br />city manager may adapt a schedul a of graduated penal ties based on the nature, <br />length and frequency of noncompl i ante. <br />{3} Constituent 1 imi tati on. A consti tuent 1 imi tati on i s exceeded <br />when: <br />{a} The concentration of a restricted substance in any <br />sample or i n a serf es of samples taken during the appropriate time <br />period therefor, has exceeded limitations published by the city <br />manager, ar any other limitation imposed by a discharge permit; or <br />{b} The pH of any sample i s outside the permitted pH range, <br />ar <br />{c} A continuous retarding pH instrument indicates that the <br />pH of the industrial discharge: <br />1. Is lower than 5.5 or greater than 12.0 for more <br />than 60 minutes i n any calendar day, or <br />2. Is lower than 3.5 for mare than 15 minutes in any <br />calendar day, or <br />{d} The volume restrictions of a di scharge permit are <br />exceeded. <br />{4} Com 1 i once re ui rement. A compl i once requirement has not been <br />met when any requirement established by the discharge permit or by any provision <br />of sections 6.501 to 6.596 of this code, or by regulations published by the city <br />manager ar by an order issued by the city manager other than a constituent <br />1 i mi tat i on, has not been met, i ncl ud i ng a f ai l ure to submit any required reports . <br />5 Collection rocedure. Col 1 ect i on of the penalties determined <br />by the city manager shat 1 be i n the manner provided i n this code for the <br />Ordinance - 21 <br />