(A) The Board of Public Works and Safety shall have the following methods of recourse in the event of repeated or willful failure by a user to meet the wastewater admissibility requirements of this chapter. In addition, the city shall have and the Board may exercise all other legally- available remedies.
(1) When the city finds that a discharge of wastewater has been taking place in violation of the admissibility requirements prescribed in §§ 51.064, 51.066, and 51.069, or in violation of the provisions of a major contributor permit, the city may require the user to submit for approval a detailed time schedule of specific actions, acceptable to the Board, which the user shall take in order to prevent or correct a violation of requirements.
(2) When the city finds that a discharge of wastewater has taken place or is likely to take place in violation of the admissibility requirements of §§ 51.064, 51.066, and 51.069, or in violation of the provisions of a major contributor permit, the Board may issue an order to cease and desist. The Board may also direct that the user not complying with the requirements comply forthwith, comply with a time schedule set forth by the Board, or take appropriate remedial or preventive action.
(3) When the city finds that a discharge of wastewater is in violation of the admissibility requirements of §§ 51.064, 51.066, and 51.069, or in violation of the provisions of a major contributor permit, or otherwise causes or threatens to cause a condition of pollution or nuisance, the Board, on behalf of the city, may petition any court of proper jurisdiction for the issuance of a preliminary or permanent injunction or both, as may be appropriate, in restraining the continuance of the discharge.
(4) The city may revoke any major contributor permit or terminate or cause to be terminated wastewater service in whole or in part if a violation of any provision of this chapter or the major contributor permit is found to exist, or if a discharge causes or threatens to cause a condition of pollution or nuisance as defined in this chapter, or causes the city to violate the terms of its NPDES permit or any state or federal law or regulation.
(5) When a discharge of wastes causes an obstruction, damage, or any other impairment to the Board facilities, the Board may assess a charge against the user for the work required to clean or repair the facility and shall add the charge to the user's charges and fees.
(B) Any user affected by any decision, action, or determination, including cease and desist orders, made by the Sewer Superintendent, interpreting or implementing the provisions of this chapter, any permit issued herein, or any regulation of the Board adopted pursuant hereto, may do the following.
(1) File with the Board a written request for review and reconsideration within ten days of the decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration.
(2) If the ruling made by the Board is unsatisfactory to the person requesting reconsideration, he may, within ten days after notification of Board action, file a written appeal to the Board's governing body. The governing body shall make a final ruling on the appeal within ten days of the close of the meeting. The Board's decision, action, or determination shall remain in effect during the period of reconsideration.
(Ord. 10-1978, passed 7-11-78)