(A) The POTW may for good cause suspend the wastewater treatment service, the water supply service, electrical service, and/or the wastewater contribution permit of a discharger when it appears to the POTW that an actual or threatened discharge presents or threatens:
(1) A violation of the NPDES Permit;
(2) An imminent or substantial danger to the health and welfare of persons;
(3) An adverse impact to the environment;
(4) Interference with the operation of the POTW;
(5) Violation of any pretreatment limits imposed by this chapter; or
(6) Violation of any pretreatment limits of any wastewater contribution permit issued pursuant to this chapter.
(B) Any discharger notified of the suspension of wastewater treatment service, the water supply service, the electrical service, and/or the wastewater contribution permit shall, within a period of time as determined by the POTW, cease all discharges or be subject to utility cutoff or sewer blockage by the POTW.
(C) It is the intent of this section to authorize the POTW to order in person, or by signed document, the immediate, but orderly shutdown of any operation, discharge, or facility, or any party thereof, for good cause shown.
ORDERLY SHUTDOWN means consideration is to be given to protection of human safety and property of both the POTW and the discharger. It does mean that the responsible person for an offending discharge will immediately initiate
discussion with the POTW and will initiate the orderly actions required to stop the offending discharge and not wait for the next shift, weekend, or other convenient time. Orderly shutdown recognizes that consideration is to be given to the discharger for protection of human safety and for protection of equipment or property. For example, if the offending discharge source can be isolated, only that part of a facility need be shutdown. A discharge may need to be continued from a furnace or reaction vessel during cool-down to prevent injuries or damage. Reduced flows may be allowed, for example, to provide fire protection, refrigeration to protect food inventories, or to provide heat during the winter. Such consideration is not to be construed to relieve the discharger of any liability for damages caused before or during the orderly shutdown period.
(D) In the event of failure of the discharger to comply voluntarily with the suspension order within the specified time, the POTW shall notify the Department of Environmental Quality and commence judicial proceedings immediately thereafter to compel the discharger's compliance with such order. The POTW shall reinstate the wastewater contribution permit and/or the wastewater treatment service and terminate judicial proceedings upon proof by the discharger of the elimination of the noncomplying discharge or conditions creating the treatment as set forth above.
(Ord. 312-3-92, passed 3-16-92; Am. Ord. 493-05-02, passed 5-20-02)