Skip to code content (skip section selection)
A. Revocation: Any user who violates the following conditions of this Chapter, or applicable State and Federal regulations, is subject to having his permit revoked in accordance with the procedures of this Section:
1. A user has knowingly made a material misrepresentation of content or has falsified information or records submitted or retained in accordance with this Chapter or in connection with the wastewater contribution permit issued pursuant to this Chapter;
2. Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
3. Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
4. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
5. Violation of conditions of the permit.
6. A user has discharged into the POTW in violation of this Chapter; or
7. Changed circumstance(s) require a temporary or permanent reduction or elimination of the permitted discharge.
B. Complaint; Notice Of Violation:
1. Issuance: The city shall issue a written or oral notice of violation to the user if there are reasonable grounds that the person to whom the complaint is directed has violated:
a. This Chapter;
b. Any rule or regulation adopted under this Chapter; or
c. Any order or permit issued under this Chapter.
2. Contents: A notice issued under this Section shall:
a. Specify the provision that allegedly has been violated; and
b. State the alleged facts that constitute the violation.
c. Shall be sent to a user, (as described in definitions), by letter sent certified mail, return receipt requested, or, at the election of the city/Town by facsimile transmission, to the address at which the billing for the service is sent.
3. Upon receipt of this notice, the entity or user to whom it was directed, may within five (5) days, request an informal hearing before the city/Town. This hearing shall be for the purpose of attempting to clarify and resolve the issues and/or establish appropriate compliance time limits and scheduling.
4. The Town shall receive a copy of the notice of violation if the user is within their boundaries.
C. Issuance Of Order:
1. In General: After or concurrently with service of a notice of violation under this Chapter, or if circumstances justify without first issuing a notice of violation, city/Town, after consultation, if appropriate, may issue an order that:
a. Shall define the violation alleged to have occurred, with reference to the section of this Chapter upon which the violation is based and specify the time, insofar as is reasonably known, and location of the violation:
b. Requires the person to whom the order is directed to take corrective action within the time set in the order; and/or
c. Requires the person to whom the order is directed to file a written report confirming or denying the specific alleged violation, and if admitted, the remedial measures taken to correct the alleged violation; and/or
d. Requires the person to whom the order is directed:
(1) To appear at an informal hearing before the city at a time and place scheduled in order to answer the charges in the complaint, and/or
(2) To file a written report confirming or denying the specific alleged violation, and if admitted, the remedial measures taken to correct the violation and also appear at an informal hearing before city at a time and place set to answer the charges in the complaint; and/or
e. Requires the person to whom the order is directed to cease and desist the alleged violations; and/or
f. Advises the person, that upon notice and hearing and issuance of subsequent order, that he may be subject to the payment of an administrative fine as set forth in the section on administrative fines and cost recovery.
2. Effective Date Of Order: Any order issued under this Chapter is effective immediately, according to its terms, when it is served by certified mail, return receipt requested.
D. Appeals Procedure:
1. Order Issued; Hearings: An order issued by the city, after the hearing provided for in subsections C1c and C1f of this Section, if applicable, may be appealed to the city council in care of the city manager by filing an appeal within ten (10) days of the receipt of the city's order. Any order not appealed is final, and may be enforced pursuant to law.
The city/Town in whose boundary the user is located shall receive a copy of the order.
Hearing on city's order. Within ten (10) days of being served with an order, the person served may request a hearing by writing to the city council in care of the city manager.
2. Appeal Scheduled: Upon the filing of the request for hearing, the city council shall fix a reasonable time and place for the hearing of the appeal, such date shall be not less than ten (10) nor more than sixty (60) days from the date the request for hearing is filed. The hearing will take place in the city/Town in whose boundary the user is located. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to the contestant by the city manager, either by causing a copy of such notice to be delivered to the contestant personally, or by mailing a copy thereof, certified mail, return receipt requested, addressed to the contestant at his address shown on the request for hearing. The city/Town within whose boundary the hearing is taking place shall also receive notice of the hearing in the manner described above. The notice shall include a statement of the following:
a. The time, place, and nature of the hearing;
b. The legal authority and jurisdiction under which the hearing is to be held;
c. The particular section or sections of this Chapter, rule, or regulation involved; and
d. A plain and short statement of the matters asserted.
3. All appeals to the city council commenced, as provided in this Section, shall be contested cases, and shall be conducted in accordance with the Wyoming Administrative Procedure Act 1 .
4. Only those matters or issues specifically raised by the contestant shall be considered in the hearing of the appeal.
5. Failure to file a request for hearing shall result in a waiver of all legal rights to contest the matter appealed from.
6. Nothing in this Section shall be interpreted to in any way limit or contravene any other remedy available under this Chapter, nor shall this Section be interpreted as a condition precedent to any other enforcement action under this Chapter.
E. Subpoenas; Witnesses:
1. In connection with any hearing under this Chapter, the city council may:
a. Subpoena any person or evidence; and
b. Order a witness to give evidence.
2. A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.
F. Hearing Examiners/Officers: The city council, through its mayor, is authorized to appoint one or more hearing examiners/officers to preside at and make a record of hearings in contested cases. Such examiners/officers shall have those powers prescribed by law and as set forth in Wyoming Statutes section 16-3-112(b).
G. Decision Following Hearing: The town in which the user is located will have an opportunity to be involved in the decision- making following the hearing in a joint meeting with the city council after the hearing officer's recommendation has been made.
H. Transcript Of Hearing: A transcript of the hearing will be provided to the city/Town in whose boundary the user is located.
I. Final Corrective Order:
1. Orders: Unless the person served with an order makes a timely request for a hearing, the order is a final order, and may be enforced in District Court.
2. Corrective Order: If the person with an order under this Chapter makes a timely request for a hearing as provided for in the above subsection, the order becomes a final corrective order when the decision is rendered following the hearing.
3. Order Action Permitted: This Section does not prevent the city or its attorney from taking action against a violator before expiration of the time limitations or schedules in the order.
J. Administrative Fines And Cost Recovery: This Section is created pursuant to the authority of Wyoming Statutes section 15-1-103(a)(xxx).
Any person who violates or fails to comply with any of the provisions of this Chapter, or rules and regulations, or any order, or permit issued by the city, shall be liable for an administrative fine of not more than seven hundred fifty dollars ($750.00). In the case of a continuing violation, each day's continuance shall be a separate and distinctive offense. The city after consultation with the Town or city alone, shall have the power to impose these penalties. A proceeding to impose such penalties shall be commenced by the service of a notice of violation and/or an order of the city manager or his duly authorized representative. The city shall have the power to enforce its final decision and orders imposing such administrative fines as if they were money judgments, as provided by this Chapter and the enforcement response plan.
Any person who violates any of the provisions of this Chapter, causing damage to or otherwise inhibiting the POTW shall be liable to the city/Town for any expense, including, but not limited to, monitoring expenses, fines, and penalties, loss, or damage caused by such violations or discharge. The city/Town shall bill the industrial user for the costs incurred for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a separate violation of this Chapter.
The city manager or his/her authorized representative, in his/her discretion, after consultation with the city/Town if appropriate, shall establish schedules of administrative fines and for cost recovery indicating the minimum and maximum amount for each separate offense, these schedules shall be effective upon approval by resolution of the city council. (Ord. 99-03, 11-16-1999)
1. W.S. § 16-3-101 et seq.