A. Slug Or Accidental Discharges: The public works director may suspend the wastewater treatment service of a user or a wastewater discharge permit or either of them (after informal notice to the discharger), when such suspension is necessary in the opinion of the public works director, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or to the wastewater disposal system, or would cause the city to violate any condition of its NPDES or state disposal system permit.
B. Compliance: Any user notified of a suspension of the wastewater treatment service or the wastewater disposal permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the public works director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater disposal system or endangerment to any individuals. The public works director shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the public works director within fifteen (15) days of the date of occurrence.
C. Revocation Of Permit: In accordance with the procedures of this section, the public works director may revoke the permit of any user who fails to factually report the wastewater constituents and characteristics of his discharge; who fails to report significant changes in wastewater constituents or characteristics; who refuses reasonable access to the user's premises for the purpose of inspection or monitoring; or who is in violation of conditions of its permit, this chapter, or applicable state and federal regulations.
D. Notification Of Violation: Whenever the public works director finds that any person has violated or is violating this chapter, a wastewater discharge permit, or any prohibition, limitation or requirement contained herein, the public works director may serve upon such a person a written notice stating the nature of the violation. Within thirty (30) days of the date of the notice, unless a shorter time is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the BPUC by the user.
E. Show Cause Hearing; Notice Of Hearing: If the violation is not corrected by timely compliance, the public works director may order any user who causes or allows an unauthorized discharge to show cause before the BPUC why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by BPUC regarding the violation, the reason why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the BPUC why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least twenty (20) days before the hearing. Service may be made on any agent or officer of a corporation.
F. Hearing Officials: The BPUC may itself conduct the hearing and take the evidence, or may designate any of its members or employees of the BPUC to:
1. Issue in the name of the BPUC notices of hearings requesting the attendance and testimony of witnesses and the protection of evidence relevant to any matter involved in such hearings;
2. Take the evidence; and
3. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the BPUC for action thereon.
G. Transcripts: At any hearing held pursuant to this section, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
H. Issuance Of Orders: After the BPUC has reviewed the evidence, it may issue an order to the user responsible for the discharge directed 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. Further orders and directives as are necessary and appropriate may be issued.
I. Legal Action: If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the BPUC, the city may commence an action for appropriate legal or equitable relief.
J. Annual Publication: A list of the users significantly violating applicable pretreatment requirements or national categorical pretreatment standards during the twelve (12) previous months shall be annually published by the city in a local newspaper. The notification shall also summarize any enforcement actions taken against the user during the same twelve (12) months. For the purposes of this provision, significant violations are those violations which remain uncorrected forty five (45) days after notification of noncompliance, which are part of a pattern of noncompliance over a twelve (12) month period, or which involve a failure to accurately report noncompliance.
K. Requests For Interpretation Of Ruling: Any interested party shall have the right to request in writing an interpretation or ruling on any matter covered by this section and shall be entitled to a written reply from the city.
L. Appeal To City Council: Any decision of the public works director in the enforcement of this chapter may be appealed to the city council by filing a written petition with the city administrator within thirty (30) days of the public works director's ruling. The petition shall specify in detail the matter or matters involved and every grounds or basis on which objections are made. The petition shall show the names, addresses and telephone numbers of all objectors and their attorney at law or spokesman. The filing of a petition shall stay all proceedings unless the public works director shall file within seventy two (72) hours after the filing of a petition a certificate stating that a stay would cause peril to life or property or specifying other good reason.
M. Hearing: The city council shall decide the appeal within a reasonable time and notify the attorney or spokesman. The minutes of the council shall constitute the official record of the petition, hearing, and decision. Any party desiring a transcript of the proceedings shall furnish a qualified court reporter at their own expense. (2002 Code)
N. FOG Trap And FOG Interceptor Compliance: If, in the sole discretion of the city, a user has not installed or maintained a FOG trap or FOG interceptor or other trap or separator as set forth in subsection 8-2-7D or section 8-2-16 of this chapter to prevent unnecessary amounts of FOG, sand or other flammable wastes from entering the city's sanitary sewer system, the city may disconnect the user's wastewater connection as set forth in this section for slug, accidental discharges and other user violations. (Ord. 2008-6, 3-5-2008)