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1. The Director or such other designated officers or officials with enforcement authority as provided in Section 102.11 are authorized to issue a notice of violation imposing an administrative penalty upon any person who fails to perform an act required by this chapter or who commits an act prohibited by this chapter.
2. The administrative penalty for such violations shall be as provided in the schedule of administrative penalties adopted by the Council by resolution.
3. Notice of violation, with the applicable penalty for such violation noted thereon, shall be issued to and served upon the violator. Service of the notice may be by regular mail or by delivery in person.
4. Penalties assessed pursuant to notice of violation shall be paid by the violator in full as directed in the notice within thirty (30) days of its issuance.
5. The administrative penalties set out in the schedule of administrative penalties shall be charged in lieu of the fines and penalties provided for in Section 102.13, unless the violator refuses to correct the violation and pay the scheduled administrative penalty, or the WRA Director determines that immediate enforcement action by misdemeanor or municipal infraction prosecution is, in view of the particular circumstances of the case, necessary to achieve compliance with the requirements of this chapter. The WRA shall maintain a record of all violations, administrative penalties charged or other enforcement actions taken.
1. Any person who fails to perform an act required by this chapter or who commits an act prohibited by this chapter shall be guilty of a misdemeanor punishable by fine or imprisonment, or shall be guilty of a municipal infraction punishable by a civil penalty as provided in Chapter 4 of this Code of Ordinances.
1. Grounds for Denial, Suspension or Revocation of Waste Hauler License. The WRA director may deny, suspend or revoke the waste hauler license and/or grease hauler certification of any waste hauler who violates any provision of this division or any condition of its license, or who commits any of the following violations, or who does not meet the following requirements:
(Ord. 1959 - Feb. 19 Supp.)
A. Violation of any term, condition or requirement of this chapter, the license, or other applicable provisions of this Code of Ordinances, applicable State of Iowa or Federal laws or regulations.
B. Obtaining a license by misrepresentation.
C. Falsification of, failure to complete or failure to fully disclose all relevant facts in a license application.
D. Failure to pay fees, administrative penalties, or fines.
E. Failure to report a spill to the WRA.
F. Using wash down water or otherwise diluting the permitted waste for the purpose of meeting discharge limitations or requirements.
G. Falsification of, failure to complete or failure to fully disclose all relevant facts in any report, manifest information or record required by the license or this chapter.
H. Tampering with samples or sampling equipment intended to accurately reflect the contents of each hauled waste load.
I. Refusing to allow WRA personnel timely access to the waste hauler’s facility premises, vehicles, or records.
J. Failure to perform as required under a corrective action order or compliance schedule issued by the WRA Director.
K. Failure to correct any violation of this chapter or other applicable provisions of this Code of Ordinances within 30 days after notice by the WRA Director.
L. Failure to immediately correct any violation of this chapter or other applicable provisions of this Code of Ordinances if the condition constituting the violation is declared a threat to public health, safety or welfare by the WRA Director and the Director orders immediate correction.
2. Procedure for Denial, Suspension, or Revocation of Waste Hauler License. The procedure for denial, suspension or revocation of a waste hauler license shall be as follows:
A. Any license issued to a waste hauler pursuant to this chapter may be denied, suspended, or revoked by written order of the WRA Director specifying the grounds for such action 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 deny, suspend or revoke a waste hauler license, 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 waste hauler by regular mail addressed to the waste hauler’s address listed on the waste hauler’s license a minimum of ten days prior to the date set for hearing, and shall be deemed delivered when placed in the mail.
B. If after such a hearing the WRA Director makes a finding based on substantial evidence that one or more violations under subsection 1 of this section have occurred as alleged, the Director may deny issuance of the license, suspend the license for a fixed period, or may issue an order immediately revoking the license and ordering the waste hauler to discontinue hauling waste to the WRF or any other disposal locations approved by the Director. The determination of whether to deny issuance of a license to suspend a license, or to revoke a license shall be in the discretion of Director and shall be dependent upon the circumstances surrounding the violations of subsection 1 of this section and the severity of those violations. If the waste hauler does not appear for the hearing, the Director shall issue the order revoking the waste hauler license and ordering the cessation of delivery of hauled waste at the WRF or any other disposal locations approved by the Director, which order shall take effect immediately.
C. The decision and order of the WRA Director to deny issuance, to suspend or to revoke the license of a waste hauler 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 denial, suspension or revocation. Such appeal request shall be considered delivered when placed in the mail, return receipt requested, addressed to:
WRA Appeal Committee
c/o Des Moines Metropolitan Wastewater Reclamation Authority
3000 Vandalia Road
Des Moines, Iowa 50317
D. 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 party. Such appeal shall be decided by majority vote of the Appeal Committee. If the Appeal Committee affirms the order of the WRA Director denying issuance, suspending or revoking the license and ordering the cessation of waste deliveries at the WRF or other approved locations, the Appeal Committee shall so state and order in its written decision.
A waste hauler whose license has been denied or revoked shall not be eligible for issuance or reinstatement of its license until 30 days after the violating conditions have been corrected to the satisfaction of the Director.
Neither the WRA nor the City is precluded from seeking alternative relief from the court, including an order for abatement or injunctive relief, in the event that the WRA or the City files a misdemeanor citation, notice of administrative penalty, and/or files a municipal infraction for the same violation of this chapter, or in the event the WRA seeks to deny, suspend or revoke the waste hauler’s license.