(a) Emergency Suspension of Service and Discharge Permits. The Wastewater Treatment Plant Superintendent may, for good cause shown suspend the wastewater treatment service and the wastewater discharge permit of a discharger when it appears that actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment or substantially interferes with the operation of the system. Written notice of such suspension shall be served upon the discharger by personal service. Any discharger so notified of the suspension of the City’s wastewater treatment service and/or the discharger’s wastewater discharge permit, shall, within a reasonable period of time as determined by the Wastewater Treatment Plant Superintendent, cease all discharges. In the event the discharger fails to comply voluntarily with the suspension notice within the time specified therein, the Superintendent shall, without further notice to the discharger and without the scheduling of a show cause hearing, immediately commence judicial proceedings to compel the discharger’s compliance with such suspension notice and to exact civil penalties, if any, which may be due for or as a result of the discharger’s noncompliance. The Superintendent may reinstate the wastewater discharge permit and/or the wastewater treatment service and terminate any judicial proceedings pending upon submission of written proof by the discharger that it has eliminated the non-complying discharge or conditions creating the threat of imminent or substantial danger as set forth above.
(b) Revocation of Permit and/or Termination of Treatment Services. The City may revoke the permit or seek to terminate the wastewater treatment services to any discharger which fails to:
(1) Report the wastewater constituents and characteristics of its discharge;
(2) Report significant changes in wastewater constituents or characteristics;
(3) Allow reasonable access to the discharger’s premises or records by the Superintendent for the purpose of inspection or monitoring as required in Section 933.04(a);
(4) Comply with the condition of its wastewater discharge permit, or this Ordinance, or any final administrative or judicial order entered with respect thereto; or
(6) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.
(7) Falsifying self-monitoring reports and certification statements.
(8) Tampering with monitoring equipment.
(9) Failure to meet effluent limitations.
(c) Notification of Violation: Administrative Adjustment. Whenever the Superintendent or his duly authorized representative finds that any discharger has engaged in conduct which justifies revocation of a wastewater discharge permit or termination of treatment services, pursuant to subsection (b) hereof, the Superintendent shall serve or cause to be served upon such discharger, a written notice either personally or by certified mail, return receipt requested, stating the nature of the alleged violation. Within ten (10) days of the date of the notice, the discharger shall respond personally or in writing to the Superintendent and shall thereby advise the City of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and, where necessary establish a plan for the satisfactory correction thereof.
(d) Show Cause Hearing. Where the violation of any requirement of this section is not corrected by timely compliance voluntarily or by means of administration adjustment, pursuant to subsection (c) hereof, the City, by and through its Superintendent or other duly authorized representative, may order the discharger to show cause why the proposed permit revocation and/or service termination action should not be taken. A written notice shall be served on the discharger by personal service, or certified mail, return receipt requested, specifying the time and place of the hearing to be held regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action and directing the discharger to show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten (10) days before the hearing. Service may be made on any agent, officer or authorized representative of a discharger.
The Superintendent may conduct the hearing and take the evidence, and:
(1) Issue in the name of the City notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearing;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Manager for action thereon.
A. At any public hearing, testimony taken before the City, shall be under oath. A transcript of the hearing shall be made available to any member of the public or any part to the hearing upon payment of the usual charges therefor.
B. After the City Manager has reviewed the evidence, it may issue an Administrative Order to the party responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated, and such further orders and directives as are necessary and appropriate. Appeal of such orders may be taken by the discharger in accordance with subsection (g) hereof. If no such appeal is taken, the City may seek enforcement of its order by judicial proceeding as herein provided.
(e) Judicial Proceedings. The City Solicitor or other duly authorized attorney for the City may direct commencement of civil proceedings in the appropriate local court seeking appropriate legal and/or equitable relief against any discharger who fails to comply with any final administrative order issued pursuant to either subsection (d) or subsection (g) hereof, or with any suspension notice issued by the City pursuant to subsection (a) hereof. Such relief may include civil penalties, judgment for damages, penalties, expenses and/or costs incurred by or charged to the City by or as a result of any and all acts and/or omissions of the discharger as required, prohibited or governed by this Code, and injunctive relief, whether temporary or permanent, to suspend or terminate the activities and/or operations of the discharger as may be necessary for the City to enforce the provisions of this Code. The Solicitor for the City or the prosecutor having jurisdiction there over may commence criminal proceedings in the appropriate local court upon authorization from the City.
(f) Interpretation Requests and Rights of Appeal.
(1) Any discharger shall have the right to request in writing an interpretation or ruling regarding the discharger’s performance under or compliance with this Ordinance or its wastewater discharge permit. Such interpretation requests shall be submitted to the City Manager. A written response by the City Manager, or other duly authorized representative, to such interpretation request shall be delivered to the discharger either personally or by certified mail, return receipt requested, within thirty (30) days after the City Manager’s receipt of such written interpretation request. Such response by the City shall be final and binding upon the discharger and shall not be subject to further review by the City.
(2) Any discharger shall have the right to seek review and reconsideration of any order of the City entered with respect to such discharger after hearing as provided for in subsection (d) hereof, provided that such discharger submit the basis of its request for review and reconsideration in writing to the City Manager within ten (10) days after issuance of the City’s administrative order. Upon timely receipt of a discharger’s request the City shall stay any and all judicial enforcement proceedings against such discharger as may then be pending. The City, by and through the City Manager or other duly authorized representative shall deliver a written response to the discharger’s request for review and reconsideration of the City’s order either personally or by certified mail, return receipt requested, within thirty (30) days period after the City’s receipt of such request. Such response shall be final and binding upon the discharger and shall not be submitted to further review by the City, and shall serve to terminate the stay of pending enforcement proceedings. (Ord. 2021-03. Passed 1-4-21.)