A. Water And Sewer: The water superintendent, or the wastewater superintendent, as appropriate, shall enforce all provisions of this title relating to the city water and sewer systems and private sewage disposal systems, subject to the direction of the council and the supervision of the city manager. Any powers and duties conferred in this title upon them may be exercised by any other employee of the city when authorized by them. In addition, the board of health shall also have the power and duty to enforce any provisions of this title with respect to which the public health may be affected. (1982 Code § 3.116)
B. Wastewater Disposal System:
1. Slug Or Accidental Discharges:
a. Suspension Of Service: The director may suspend the wastewater treatment service of a user and/or a wastewater discharge permit (after informal notice to the discharger) when such suspension is necessary, in the opinion of the director, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or to the wastewater disposal system, or would cause the city to violate any condition of its NPDES or state disposal system permit.
b. Notice Of Suspension: Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop the discharge.
c. Failure To Comply: In the event of the failure of the user to comply voluntarily with the suspension order, the director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater disposal system or endangerment to any individual.
d. Reinstatement: The director shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge.
e. Written Statement: A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the director within fifteen (15) days of the date of occurrence.
2. Revocation Of Permit: In accordance with the procedures of this section, the director may revoke the permit of any user who:
a. Fails to factually report the wastewater constituents and characteristics of his discharge;
b. Fails to report significant changes in wastewater constituents or characteristics; or
c. Refuses reasonable access to the user's premises for the purpose of inspection or monitoring or for violation of conditions of its permit, ordinance 198, or applicable state and federal regulations.
3. Notice Of Violation: Whenever the director finds that any person has violated or is violating ordinance 198, wastewater discharge permit, or any prohibition, limitation or requirement contained herein, the director may serve upon such person a written notice stating the nature of the violation. Within thirty (30) days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the city by the user.
4. Hearing Procedure:
a. Notice Of Hearing:
(1) Order To Show Cause: If the violation is not corrected by timely compliance, the director may order any user who causes or allows an unauthorized discharge to show cause before the city council why the proposed enforcement action should not be taken.
(2) Contents Of Notice: 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.
(3) Service Of Notice: Notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.
b. Hearing Officials: The city council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the assigned department to:
(1) Issue in the name of the city council notices of hearings requesting the attendance and testimony of witnesses and the protection of evidence relevant to any matter involved in such hearings;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearings, including transcripts and other evidence, together with recommendations to the city council for action thereon.
c. Transcripts: At any hearing held pursuant to ordinance 198, testimony taken must be under oath and recorded. 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 therefor.
d. Issuance Of Orders: After the city council 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.
5. Legal Action: If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of ordinance 198, federal or state pretreatment requirements or any order of the city, the city attorney may, following the authorization of such action by the city council, commence an action for appropriate legal and/or equitable relief.
6. Annual Publication: A list of the users which were significantly violating applicable pretreatment requirements or national categorical pretreatment standards during the twelve (12) previous months shall be annually published by the city in a local newspaper. The notification shall also summarize any enforcement actions taken against the user during the same twelve (12) months. For the purposes of this section, significant violations would be those violations which remain uncorrected: a) forty five (45) days after notification of noncompliance; b) which are part of a pattern of noncompliance over a twelve (12) month period; or c) which involve a failure to accurately report noncompliance.
7. Appeal To City Council:
a. Written Ruling: Any interested party shall have the right to a written interpretation or ruling on any matter covered by ordinance 198 and shall be entitled to a written reply from the city.
b. Petition To Appeal: Any decision of the director in the enforcement of ordinance 198 may be appealed to the city council by filing a written petition with the city clerk within thirty (30) days of the director's ruling.
c. Contents Of Petition: Such petition shall specify in detail the matter or matters involved and every ground or basis on which objections are made. Such petition shall show the names, addresses and telephone numbers of all objectors and their attorney at law or spokesman.
d. Stay Of Proceedings: The filing of a petition in accordance with the requirements herein shall stay all proceedings unless the director shall file, within seventy two (72) hours after the filing of a petition, a certificate stating that a stay would cause peril to life or property or specifying other good reason.
e. Hearing; Notice: The city council shall fix a reasonable time for hearing of the petition or appeal and give due notice of the time and place of said hearing to parties named in the petition as attorney or spokesman. The hearing shall be open to the public.
f. Evidence: Petitioners shall be given full opportunity to present evidence in support of their petition after which the director may present evidence in support of his decision.
g. Decision: The city council shall decide the appeal within a reasonable time and notify the attorney or spokesman.
h. Official Record: The minutes of the city council shall constitute the official record of the petition, hearing, and decision. Any party desiring a transcript of the proceedings shall furnish a qualified court reporter at their own expense. (Ord. 198, 2-3-1987)