A. Notice To Correct Violations: The public works administrator shall serve notice of violation upon the person owning, occupying or operating premises which notice shall describe the conditions and require prompt correction thereof, when he finds that:
1. Industrial waste, effluent, or any other material is being maintained, discharged, or deposited in such a manner as to create one or more of the following conditions:
a. A public nuisance;
b. A menace to public health and safety;
c. Pollution of underground or surface waters;
d. Adverse effect or damage to any public sewer, storm drain, channel or public or private property; or
2. The permittee had failed to conform with conditions or limitations of any permit issued in accordance with this article; or
3. The industrial waste permit was issued in error, or on the basis of incorrect information supplied, or in violation of ordinance, regulation, or law.
B. Injunctive Relief: The public works administrator may seek injunctive relief for noncompliance with any provision of this article or the conditions and limitations of any permit issued pursuant to this article.
C. Suspension Of Permit: The public works administrator shall suspend the permit of any permit holder who fails to comply with the conditions of his permit or any provision, rule, or regulation of this article, which failure creates an emergency condition that is a threat to the health, welfare and safety of the community. Any person whose permit has been suspended shall immediately discontinue the discharge of industrial waste, until the public works administrator verifies that the permit holder is in compliance.
1. The public works administrator shall reinstate a suspended permit when all violations have been corrected and all new conditions have been met to alleviate the emergency. Before any revoked permit is reissued, all delinquent fees and additional charges due and owing to the city shall be paid. Any discharger notified of a suspension of that discharger's industrial wastewater permit shall immediately cease and desist the discharge of all industrial wastewater to the sewer system.
2. In the event of a failure of the discharger to comply voluntarily with the suspension order, the public works administrator may take such steps as are reasonably necessary to ensure compliance. These include, but are not limited to, immediate blockage or disconnection of the discharger's connection to the sewer system.
D. Appeals To The Suspension Of Permit: Any discharger suspended or served with a notice of an intended order of suspension may file with the city clerk a request for a city council hearing with respect thereto. Filing of such a request shall not stay a suspension. In the event of a suspension of a permit due to imminent hazard related to continued discharge, the discharger may request a hearing, and the city council or a hearing examiner designated by the city council for that purpose shall conduct a hearing within five (5) days of receipt of the request. In the event of hearing requests, for other than an imminent hazard suspension, the city council shall hold a hearing on the suspension within thirty (30) days of receipt of the request. At the close of the hearing, the city council shall make its determination whether to terminate, or conditionally terminate the suspension imposed by the public works administrator, or the city council may cause the permit to be revoked. Except in the case of a hearing within five (5) days being required as above provided, reasonable notice of the hearing shall be given to the suspended discharger in the manner provided for in this article.
E. Reinstatement Of Permit: The public works administrator shall reinstate the industrial wastewater permit upon proof of compliance which ends the emergency nature of the hazard created by the discharge that had been cause for the public works administrator to initiate the suspension, provided that the public works administrator is satisfied that all discharge requirements of this article and any city council order will be implemented.
F. Revocation Of Industrial Wastewater Permit: The city council may revoke an industrial wastewater permit by the following procedures:
1. A finding that the discharger has violated any provision of this article. No revocation shall be ordered until a notice and hearing on the question has been held by the council as provided in this section.
2. Any discharger whose industrial wastewater permit has been revoked shall immediately cease and desist all discharge of any wastewater covered by the permit. The public works administrator may disconnect or permanently block the discharger's connection if such action is necessary to ensure compliance with the order of revocation.
3. After revocation of a discharger's industrial waste permit, there shall be no further discharge of industrial wastewater by that discharger into the sewer system, the storm drain system, or the waters of the state unless there has been a new application filed, all fees and charges that would be required upon an initial application and all delinquent fees, charges, penalties and other sums owed by the discharger and/or the applicant to the city have been paid to the city, and a new industrial wastewater permit has been issued. Any costs incurred by the city, including administrative costs and investigative fees, in revoking the permit and disconnecting the connection, if necessary, shall also be paid for by the discharger before issuance of a new industrial wastewater permit.
4. Notice of the hearing shall be given to the discharger at least ten (10) days prior to the date of hearing. Unless otherwise provided herein, any notice required to be given by the public works administrator under this article shall be in writing and served in person or by registered or certified mail addressed to the addressee's last known address with request for return receipt. Where no address is known, service may be made upon the owner of record of the property upon which the alleged violation occurred or by posting the notice conspicuously on the property.
G. Emergency Remedial Measures: The public works administrator shall have full power and authority to take any necessary precautions in order to protect life, protect property, or prevent further damage resulting from a condition that is likely to result in a discharge which presents an imminent hazard to the public health, safety or welfare; or which either singularly or by interaction with other discharges, is an imminent hazard to the sewer system. The public works administrator may order cessation of water service to the property on which the hazardous condition exists and may order the sealing of the industrial sewer connection through which the hazardous discharge is conveyed. In the pursuit of such an operation, city personnel, or duly authorized representative of another government agency shall have immediate access to the premises.
H. Public Notice Of Violation: The public works administrator shall provide annual public notification, in the largest daily newspaper published in the municipality in which the POTW is located, of industrial users of the POTW which during the previous twelve (12) months, were significantly violating applicable standards or other pretreatment requirements, as provided in 40 CFR 403.8. (Ord. 90-O-2092, eff. 4-26-1990)