(a) Emergency Suspension of Service. The Director may on an emergency basis, without first holding a Show Cause Hearing, suspend wastewater treatment service to a Discharger when the Director reasonably determines that an actual or anticipated discharge presents or threatens an imminent substantial danger to the health or welfare of persons, the environment, or the City’s POTW. Upon receipt of an Emergency Suspension of Service Order and Notice to Show Cause, the Discharger shall cease all discharges immediately. In the event of failure of the Discharger to comply with the Emergency Suspension of Service Order, the City may take all steps necessary to protect human health and welfare, the environment and the City’s POTW, including but not limited to, blocking the Discharger’s pipe leading to the City’s POTW or any other lawful remedy available to the City. The Director shall hold a Show Cause Hearing within 10 business days of the date specified in the Order issued by the Director for the Discharger to cease discharging in the Order where the Discharger shall show cause as to why the Order shall not continue. Upon conclusion of the Show Cause Hearing, the Director shall withdraw the Order and reinstate the wastewater treatment service if the Discharger has submitted substantial and probative evidence that the noncomplying discharge or conditions have been eliminated or continue such Order in effect until the Discharger has demonstrated the danger has been eliminated to the satisfaction of the Director.
(b) Revocation of Treatment Services. The Director may, after notification to the Discharger and a Show Cause Hearing, revoke and terminate wastewater treatment services to any Discharger for failing to:
(1) Accurately disclose the wastewater constituents and characteristics of its discharge;
(2) Report significant changes in wastewater constituents or characteristics, including the volume of flow discharged whether such change is an increase or decrease in flow;
(3) Allow reasonable access to the Discharger’s premises by representatives of the City for the purpose of inspection, investigation, or monitoring; or
(4) Comply with the requirements of this Chapter, an Industrial Discharger Permit issued by Ohio EPA or the Director, or judicial order or court decision requiring compliance with this Chapter or the Industrial Discharger Permit issued by Ohio EPA or the Director.
(5) Possess a valid Industrial Discharger Permit issued by Ohio EPA or the Director.
(c) Revocation of Industrial Discharger Permit The Director may (1) revoke, after notification to the Discharger and a Show Cause Hearing, an Industrial Waste Permit issued by the Director; or (2) terminate, or cause to be terminated, wastewater treatment system service to any premise, if a violation of any provision of this Chapter is found to exist, or if a discharge or introduction of wastewater causes or threatens to cause a condition of contamination, pollution, or nuisance as defined in this Chapter. Revocation of an Industrial Waste Permit by Ohio EPA or the Director is sufficient grounds for revocation of treatment service. The notification shall state the reasons for the revocation of service or permit.
(d) Notification of Violation. Whenever the Director finds that any Discharger has violated or is violating this Chapter, the Director shall serve, or cause to be served, upon such Discharger, a written Notice of Violation (NOV) with or without a penalty, either personally or by certified or registered mail, return receipt requested, stating the nature of the violation. Within fifteen (15) business days of the date of receipt of the NOV, the Discharger shall submit a written explanation of the violation to the Director, and a proposed Remedial Action Plan (RAP) to correct the violation and prevent a future violation. The Director may request the Discharger to sample the discharge and submit the laboratory test results to the Director upon receipt by the Discharger of the laboratory test. A Discharger’s RAP will be deemed to be acceptable if compliance is achieved and steps have been taken to prevent the violation from occurring again. The parties may meet to discuss the NOV and proposed RAP and if agreeable to the Director, establish a compliance schedule, with or without penalties and other conditions, for implementation of the RAP, if compliance has not been achieved at the time the RAP is submitted to the Director. If a Discharger disagrees with the Director’s finding that a violation has or continues to occur, the Discharger, in lieu of submitting an explanation and RAP, may request in writing, within fifteen (15) business days of receipt of the NOV, a Show Cause Hearing before the Director to present substantial and probative evidence as to why the Director’s NOV is not valid. The Director may schedule the Show Cause Hearing at a reasonable time and place after said request has been submitted. Multiple NOVs, which have been contested within the required time, may be consolidated by the Director for decision in one Show Cause Hearing. Failure to submit an explanation and RAP within the time specified may subject the Discharger to further enforcement.
(e) Show Cause Hearings.
(1) Emergency Suspension of Service Order. The Director shall hold a Show Cause Hearing within 10 days after issuing an Emergency Suspension of Service Order under Chapter 917.06(a) to allow the Discharger, or the Discharger’s authorized representative, to submit reliable, probative and substantial evidence as to why such Emergency Order should not continue. Upon the conclusion of the hearing, the Director shall determine whether the Order shall continue or be withdrawn. The Director may adopt procedures for holding such hearings.
(2) Revocation of Service or Permit. The Director shall hold a Show Cause Hearing whenever the Director seeks to revoke service on a non-emergency basis, or seeks to revoke a Discharger’s Industrial Discharger Permit issued by the Director before such revocation of service or permit. Written Notice shall be provided to the Discharger within 30 days of such Show Cause Hearing stating the reasons for the revocation. The Discharger shall present reliable, probative and substantial evidence as to why services or the permit should not be revoked. Upon a reasonable time after such hearing is held, the Director shall issue a decision as to whether the service or permit should be revoked, and whether further enforcement should be pursued. The manner and scope of enforcement is within the discretion of the Director. The Director may adopt procedures for holding such hearings.
(3) Notices of Violations. A Discharger may request a Show Cause Hearing to present reliable, probative and substantial evidence as to why a NOV issued by the Director is not valid and should not be subject to enforcement. The request shall be submitted to the Director within fifteen business days
of receipt of the NOV. A hearing may be held at a reasonable time and place to be determined by the Director. Multiple NOVs issued to the same Discharger within a reasonable time may be consolidated for hearing. Upon a reasonable time after such hearing is held, the Director shall issue a decision as to whether the NOV is valid and should be the subject of enforcement. The manner and scope of enforcement is within the Discretion of the Director. The Director may adopt procedures for holding such hearings.
(4) Appeal of any decision, determination, or order of the Director may be taken by the Discharger in accordance with applicable local or State law.
(f) Enforcement Actions; Annual Publication. At least annually, if required by the City’s Approved Pretreatment Program, the Director shall publish in the City’s largest daily newspaper a list of all industrial users, which, at any time during the previous twelve months, were in significant noncompliance with applicable pretreatment requirements.
(Ord. 19-02-0. Passed 6-3-02.)