(A) Authority to implement federal and state law. The Control Authority is hereby provided the authority to implement all federal and state laws and regulations pertaining to the POTW.
(B) Revocation of permit. In accordance with the procedures in this section, the Control Authority may revoke the permit of any discharger which:
(1) Fails to factually report the wastewater constituents and characteristics of its discharge;
(2) Fails to report significant changes in wastewater constituents or characteristics;
(3) Refuses to allow reasonable and timely access to the Discharger's premises by representatives of the Control Authority for the purpose of inspection or fails to meet pretreatment requirements;
(4) Fails to pay penalties imposed pursuant to § 52.99;
(5) Fails to pay bills for sewer services; or
(6) Fails to meet compliance schedules.
(C) Notification of violation; administrative adjustment. Whenever the Control Authority finds that any discharger had violated or is violating this chapter or its discharge permit, the Control Authority may serve or cause to be served upon such discharger a written notice, either by personal delivery or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within 30 days of the date of the notice, the discharger shall respond in person or in writing to the Control Authority, stating its position with respect to the notice of violation. Thereafter, the parties shall meet to discuss the occurrence of the violation or violations alleged and, where necessary, establish a plan for the satisfactory correction thereof.
(D) Show cause hearing. Where any violation of permit or this chapter is not corrected by means of administrative adjustment as described in division (C) above, the Control Authority may order any violating discharger to show cause, before the Control Authority or its duly authorized representative, why the proposed enforcement action should not be taken. A written notice shall be served on the discharger by personal service, certified or registered, return receipt requested, specifying the time and place of a hearing to be held by the Control Authority or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the discharger to show cause before the authority or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer, or authorized representative of the discharger. The director of the Control Authority may himself conduct the hearing and take the evidence, or he may designate any employee of the city or any specially-appointed attorney or engineer to:
(1) Issue in the name of the city notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing;
(2) Take the evidence;
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Control Authority for action thereon.
(E) At any hearing held pursuant to this section, testimony taken must be under oath and recorded. Any party is entitled to present his/her case or defense by oral or documentary evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. A transcript will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
(E) Action following show cause hearing. After the Control Authority has reviewed the evidence, it may issue an order to the discharger responsible for any violation found to have been committed, directing that, following a specified time period, the 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, including revocation or suspension of any discharge permit.
(F) Right to appeal. Following the entry of the order by the Control Authority with respect to the conduct of a discharger, the discharger may file an appeal in an appropriate court of competent jurisdiction challenging the Control Authority's order.
(Ord. 338A, passed 5-5-92)