§ 52.13 ENFORCEMENT.
   (A)   Sludge or accidental discharges.
      (1)   Users shall notify the City of Dilworth and City of Moorhead immediately upon having a slug or accidental discharge of substances or wastewater in violation of this subchapter in order to enable countermeasures to be taken by the City of Dilworth and City of Moorhead to minimize damage to the wastewater disposal system and the receiving water. Such notification will not relieve users of liability for any expense, loss or damage to the wastewater disposal system or treatment process, or for any fines imposed on Cities of Dilworth/Moorhead on account thereof under any state or federal law.
      (2)   The Cities of Dilworth/Moorhead may suspend the wastewater treatment service and/or a wastewater discharge permit when such suspension is necessary in the opinion of the Cities of Dilworth/Moorhead, 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 of Moorhead to violate any condition of its NPDES or state disposal system permit.
      (3)   Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the City of Dilworth and City of Moorhead 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 individuals. The Cities of Dilworth/Moorhead shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user prescribing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the City of Dilworth and the City of Moorhead within 15 days of the date of occurrence.
   (B)   Revocation of permit.
      (1)   Generally. In accordance with the procedures of § 52.10(B), the Cities of Dilworth/Moorhead may revoke the permit of any user which fails to factually report the wastewater constituents and characteristics of the discharge; which fails to report significant changes in wastewater constituents or characteristics; which refuses reasonable access to the user’s premises for the purpose of inspection or monitoring; or for violation of conditions of its permit, this subchapter or applicable state and federal regulations.
      (2)   Notification of violation. Whenever the Cities of Dilworth/Moorhead find that any person has violated or is violating this subchapter, wastewater discharge permit, or any prohibition, limitation or requirement contained herein, the Cities of Dilworth/Moorhead 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 thereof shall be submitted to the Cities of Dilworth/Moorhead by the user.
      (3)   Show cause hearing.
         (a)   Notice of hearing. If the violation is not corrected by timely compliance, the Cities of Dilworth/Moorhead may order any user which causes or allows an unauthorized discharge to show cause before the City of Moorhead 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 of Moorhead City Council 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 City of Moorhead 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.
         (b)   Hearing officials. The City of Moorhead City Council may itself conduct the hearing and take the evidence, or may designate the City of Moorhead City Manager, or a designee of the City of Moorhead City Manager, to:
            1.   Issue in the name of the Cities of Dilworth/Moorhead notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such 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 City of Moorhead City Council for action thereon.
         (c)   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 therefor.
         (d)   Issuance of orders. After the City of Moorhead 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.
   (C)   Legal action. If any person discharges sewage, industrial wastes or other wastes into the City of Dilworth wastewater collection system contrary to the provisions of this subchapter, federal or state pretreatment requirements or any order of the City of Dilworth or the City of Moorhead, the City of Dilworth City Attorney may, following the authorization of such action by the City of Dilworth City Council, commence an action for appropriate legal and/or equitable relief.
(Ord. 96-2, passed 3-27-1996)