(A) Notification of violation. Whenever the city finds that any user has violated or is violating this subchapter, wastewater discharge permit or any prohibition, limitation or requirement contained herein, the city may serve upon the user a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user.
(B) Notice of hearing. The city may order any user who causes or allows conduct prohibited by division (A) above to show cause before the Water Quality Superintendent why enforcement action should not be taken against the user. A notice shall be served on the user specifying the time and place of a hearing to be held by the Water Quality Superintendent regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Water Quality Superintendent 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. The notice of hearing may be served on any agent or officer of a corporation.
(C) Hearing officials. The Water Quality Superintendent may himself or herself conduct the hearing and take the evidence or may designate an employee of the city to conduct the hearing.
(1) Issue in the name of the Water Quality Superintendent notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in the 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 Council for action thereon.
(D) Transcripts. At any hearing held pursuant to this subchapter, testimony taken must be under oath and recorded stenographically. 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 thereof.
(E) Issuance of orders. After the Water Quality Superintendent has reviewed the evidence, it may issue an order to the user responsible for the prohibited conduct. The order may direct that, following a specified time period, sewer service be discontinued unless the problem is corrected and additional measures are taken to prevent future problems. Further orders and directives as are necessary and appropriate may be issued. The orders may also revoke the user’s wastewater discharge permit. If the user feels that the orders and directives are not justified, they may make an appeal to the City Council.
(F) Legal action. If any user discharges domestic wastewater, industrial wastes or other wastes into the city’s POTW contrary to the provisions of this subchapter, federal or state pretreatment requirements or any order of the city, the City Attorney may commence an action for appropriate legal and/or equitable relief in the District Court.
(1999 Code, § 101.21) (Ord. 2542, passed 9-27-2016; Ord. 2558, passed 11-28-2017)