Subd. 1. ERP Document. The city has adopted an ERP document that includes increasing penalties for illicit discharges of pollutants. This document includes written notices, citations, cease and desist orders, as well as revocation of permits.
1. The ERP document is hereby referenced as part of this illicit discharge section.
2. The following Subd. 2 and 3 are additional ERPs that may be applied where unlawful illicit discharges are associated with fully operational operations properties that do not have construction related permits and where cease and desist orders would create a disproportionate penalty.
Subd. 2. Emergency Suspension of Utility Service and MS4 Access.
1. Providing there are state regulations restricting the interruption of service, the city may, without prior notice, suspend water service, sanitary sewer service, and/or MS4 discharge access to a person discharging to the MS4, waters of the state, or wastewater treatment plant when such suspension is necessary to stop an actual or threatened discharge which:
a. Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or
b. Presents or may present imminent and substantial danger to the MS4 or waters of the state.
2. When the City Administrator or designee determines that city-provided water and/or sanitary sewer service needs to be suspended pursuant to subsection 565.06, 06, Subd. 3, the Director of Public Works is empowered to order such suspension.
3. As soon as is practicable after the suspension of service or MS4 discharge access, the Director of Public Works shall notify the violator of the suspension in person or by certified mail, return receipt requested, and shall order the violator to cease the discharge immediately. When time permits, the Director should also attempt to notify the violator prior to suspending service or access.
4. If the violator fails to comply with an order issued under subsection 565.06, Subd. 5, the Director may take such steps is deemed necessary to prevent or minimize damage to the MS4 or waters of the state, or to minimize danger to persons.
5. The city shall not reinstate suspended services or MS4 access to the violator until:
a. The violator presents proof, satisfactory to the Director, that the non-complying discharge has been eliminated and its cause determined and corrected;
b. The violator pays the city for all costs the city incurred in responding to abating and remediating the discharge or threatened discharge; and
c. The violator pays the city for all costs the city will incur in reinstating service or access.
6. a. A violator whose service or access has been suspended or disconnected may appeal such enforcement action to the Director, in writing, within ten days’ of notice of the suspension.
b. The city may obtain a lien against the property to recover its response costs.
c. The remedies provided by this section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator.
Subd. 3. Non-Emergency Suspension of Utility Service and MS4 Access.
1. The city may terminate the city-provided water supply, sanitary sewer connection, and/or MS4 access any person discharging to the MS4 in violation of this section, if such termination would abate or reduce the illicit discharge.
2. The Director of Public Works will notify a violator of the proposed termination of its water supply, sanitary sewer connection, and/or MS4 access. The violator may petition the Director for a reconsideration and hearing before the City Council.
3. The city shall not reinstate suspended services or MS4 access to the discharger until:
a. The violator presents proof, satisfactory to the Director, that the non-complying discharge has been eliminated and its cause determined and corrected; and
b. The violator pays the city for all costs the city incurred in reinstating service or MS4 access.
Subd. 4. Remedies. The remedies provided by this section are in addition to any other remedies set out in this section. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a violator.
Subd. 5. Violations. A person commits a violation if the person reinstates water service, sanitary sewer service, and/or MS4 access to premises terminated pursuant to this section, without the prior approval of the Director of Public Works.