1. Conditions for Revocation and/or for Termination of Sewer Service. Any user who violates this chapter, any condition of its wastewater discharge permit, or any of the following, is subject to having its permit revoked and/or its sewer service terminated in accordance with the procedures of this section:
A. Failure to accurately report the wastewater constituents and characteristics of its discharge;
B. Failure of the user to report substantial changes in process activity or in volume or character of pollutants being discharged into the POTW at least 90 days prior to such change;
C. Tampering with monitoring equipment;
D. Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling;
E. Violation of permit conditions;
F. Failure to report an upset, failure, or bypass of user’s pretreatment facilities;
G. Failure to pay fines, fees, surcharges, or sewer service charges;
H. Failure to follow enforcement orders or compliance schedules;
I. Failure to correct a condition that impedes or alters the POTW’s ability to monitor the user’s discharge or has the potential to cause interference or pass through;
J. Failure to obtain a wastewater discharge permit as required by this chapter after notification by the WRA Director that such permit is required.
K. Failure to pay actual costs for negligent damage, or actual costs and penalties charged for grossly negligent or intentional damage, to the POTW not addressed elsewhere in this article.
2. Procedures for Revocation and/or Termination of Sewer Service. The procedure for revocation of a discharge permit and termination of sewer service shall be as follows:
A. Any permit issued to a user pursuant to this chapter may be revoked, and sewer service terminated, by written order of the WRA Director, specifying the grounds for such revocation and termination as outlined in subsection 1 of this section, which order shall not take effect until hearing thereon as hereinafter provided. Upon determining that grounds exist for an order to revoke a user's discharge permit and terminate sewer service, the WRA Director shall cause a notice of hearing to be prepared, specifying the violations of subsection 1 of this section which are deemed to have occurred, and the time, date and place that such hearing will be held. The notice shall be sent to the user by regular mail addressed to the user's address listed on the wastewater discharge permit a minimum of ten days prior to the date set for hearing, and shall be deemed delivered when placed in the mail.
B. Sewer service may be terminated by written order of the WRA director, specifying the grounds for such revocation and termination as outlined in 1.J. of this section, which order shall not take effect until hearing thereon as hereafter provided. Upon determining that grounds exist for an order to terminate sewer service, the WRA director shall cause a notice of hearing to be prepared, specifying the violation of 1.J. of this section which is deemed to have occurred, and the time, date and place that such hearing will be held. The notice shall be sent to the user by regular mail addressed to the user's address a minimum of ten days prior to the date set for hearing, and shall be deemed delivered when placed in the mail.
C. If, after such a hearing, the WRA Director makes a finding based on substantial evidence that actions subject to revocation under subsection 1 of this section have occurred as alleged, the Director may revoke the permit if a permit had previously been issued, and terminate sewer service to the user's premises. The determination of whether to revoke such permit and terminate service shall be in the discretion of the WRA Director and shall be dependent upon the circumstances surrounding violations by the user subsection 1 of this section and their severity. If the user does not appear for the hearing, the WRA Director shall issue the order revoking the discharge permit and/or terminating sewer service, which shall take effect immediately.
D. The decision and order of the WRA director to revoke the permit of a user may be appealed to the WRA appeal committee. Such appeal request shall be in writing, shall include the grounds for appeal including any factual findings which are disputed, and shall be delivered to WRA not less than 10 days after the director's entry of the order of revocation of permit and/or termination of sewer service. Such appeal request shall be considered delivered when placed in the mail, return receipt requested, addressed to:
WRA Appeal Committee
Des Moines Metropolitan Wastewater Reclamation Authority
3000 Vandalia Road
Des Moines, Iowa 50317
The chair of the appeal committee shall schedule the appeal and shall cause notice of the time, date and place of the hearing to be mailed to the appealing user. Such appeal shall be decided by majority vote of the appeal committee. If the appeal committee affirms the order of the WRA director revoking the permit and/or terminating sewer service, the appeal committee shall so state and order in its written decision.
Des Moines Metropolitan Wastewater Reclamation Authority
3000 Vandalia Road
Des Moines, Iowa 50317
The chair of the appeal committee shall schedule the appeal and shall cause notice of the time, date and place of the hearing to be mailed to the appealing user. Such appeal shall be decided by majority vote of the appeal committee. If the appeal committee affirms the order of the WRA director revoking the permit and/or terminating sewer service, the appeal committee shall so state and order in its written decision.
E. A user whose permit has been revoked shall not be eligible for another permit until thirty (30) days after the violating conditions have been corrected to the satisfaction of the WRA Director.
F. Upon determination by the WRA Director that the user's sewer service connection to the POTW be terminated, the Director's written order shall be sent to the City public works department, which shall cause the user's connection to the sewer to be severed or plugged. The manner of severage and procedure for disconnection shall be determined by the City public works department. Upon completion of the disconnection, the City public works department shall certify the City's cost to disconnect the user's sewer service. Upon receipt of such certification of costs, the WRA Director shall forward to the user whose service was disconnected, by registered mail return receipt requested, by certified mail, or by personal service, a bill for the cost of making the disconnection, including all costs for labor and materials, and a service charge of $500.00 for WRA supervision.
G. Any building at which sewer service is disconnected as herein provided shall be inspected by the City Building Official and if appropriate shall be red-tagged as unfit for human occupancy.
(Ord. 2118 - Sep. 22 Supp.)