(A) Written notice.
(1) Whenever the city finds that any user has violated or is violating this chapter, wastewater contribution permit or any prohibition, limitation or requirements contained in this chapter, the city may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction of the violation shall be submitted to the city by the user.
(2) If sampling performed by an industrial user indicates a violation, the user shall notify the control authority within 24 hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the control authority within 30 days after becoming aware of the violation, except the industrial user is not required to resample if:
(a) The control authority performs sampling at the industrial user at a frequency of at least once per month; or
(b) The control authority performs sampling at the industrial user between the time the user performs its initial sampling and the time the user receives the results of this sampling.
(2012 Code, § 88-203)
(B) Show cause hearing.
(1) The city may order any user who causes or allows an unauthorized discharge to enter the POTW 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.
(2) The City Council may conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the city to:
(a) Issue in the name of the City Council notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(b) Take the evidence; and
(c) Transmit a report of the evidence, including transcripts and other evidence, together with recommendations to the City Council for action on the evidence.
(3) The transcript will be made available to any member of the public or any party to the hearing upon payment of the usual charges.
(4) After the City Council or its authorized officer has reviewed the evidence, it may issue an order to the user responsible for the discharge 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.
(2012 Code, § 88-204)
(C) Legal action.
(1) If any person discharges sewage, industrial wastes or other wastes into the city’s wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the city, the city may commence an action for appropriate legal and/or equitable relief in any court of competent jurisdiction.
(2) The city shall be entitled to recover from the person making or causing the discharge all fines and penalties levied against the city by any other governmental body or agency having jurisdiction.
(2012 Code, § 88-205)