(A) The Superintendent may immediately suspend a user’s authority to discharge, after informal notice to the user, whenever the suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent may also immediately suspend a user’s authority to discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the sewages works, or which presents, or may present, a substantial endangerment to the environment.
(1) Any user notified of a suspension of its authority to discharge shall immediately stop or eliminate its discharge of wastewater to the sewage works. Unless waived by the user, a hearing shall be conducted before the Superintendent within five working days after the request to determine whether cause exists, in fact, for the suspension of the user’s authority to discharge. The user may recommence its discharge if the preponderance of the evidence shows that cause does not exist for the suspension. If cause for suspension is shown to exist, the user may be authorized to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed.
(2) In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Superintendent may take any steps as deemed necessary, including the filing of a petition for a temporary restraining order and/or a temporary or permanent injunction against the user, to prevent or minimize damage to the sewage works, its receiving stream, or endangerment to any individuals.
(3) A user that is responsible, in whole or in part, for any discharge presenting an imminent or substantial endangerment shall submit a detailed written statement describing the causes of the harmful discharge and the measures taken, or to be taken, to prevent any future occurrence, to the Superintendent no later than five days after the hearing described in division (A)(1) above.
(B) Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(2011 Code, § 51.89) (Ord. 2000-6, passed 7-3-2000) Penalty see, § 51.999