§ 52.108 NOTIFICATION OF VIOLATION.

   Whenever the Director finds that any person has violated or is violating this subchapter, a wastewater discharge permit or any prohibition, limitation or requirement contained herein, the Director may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the city by the user.

(Ord. 297, passed 3-1-2022)

§ 52.109 SHOW CAUSE HEARING.

   (A)   Notice of hearing. If the violation is not corrected by timely compliance, the Director may order any user which causes or allows an unauthorized discharge to show cause before the City Council 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 the City Council 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 City Council 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 ten days before the hearing. Service may be made on any agent or officer of a corporation.

   (B)   Hearing officials. The City Council may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the city to:

      (1)   Issue in the name of the City Council notice 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 City Council for action thereon.

   (C)   Transcripts. At any hearing held pursuant to this subchapter, testimony taken must be under oath and recorded. 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.

   (D)   Issuance of orders. After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sanitary 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.

(Ord. 297, passed 3-1-2022)

§ 52.110 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 subchapter, federal or state pretreatment requirements or any order of the city, the City Attorney may, following the authorization of such action by the City Council, commence an action for appropriate legal and/or equitable relief.

(Ord. 297, passed 3-1-2022)

§ 52.111 ANNUAL PUBLICATION.

   A list of the users which were significantly violating applicable pretreatment requirements or national categorical pretreatment standards during the 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(s) during the same 12 months. For the purposes of this provision, significant violations would be those violations which remain uncorrected 45 days after notification of noncompliance; which are part of a pattern of noncompliance over a 12 month period; or which involve a failure to accurately report noncompliance.

(Ord. 297, passed 3-1-2022)