(a) The director may immediately and without hearing suspend a user’s city-provided water supply and/or wastewater discharge when such suspension is necessary in the opinion of the director to stop an actual or threatened discharge which:
(1) Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons;
(2) Presents or may present imminent and substantial danger to the POTW; or
(3) Causes or will cause pass through or interference of the POTW.
(b) If time permits, the director should notify the user prior to the suspension.
(c) As soon as is practicable after the suspension of the water supply/discharge, the director shall notify the user of the suspension in person or by certified mail, return receipt requested, and shall order the user to cease the discharge immediately.
(d) Any user notified of a suspension of its water supply/discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to comply immediately and voluntarily with the suspension order, the director may take such steps as deemed necessary to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. Such steps may include immediate severance of the user’s water service and sewer connection.
(e) The user shall not recommence its water service/discharge until the director so authorizes and:
(1) The user presents proof satisfactory to the director that the noncomplying discharge has ceased;
(2) The user presents proof satisfactory to the director that the conditions creating the threat of imminent and substantial danger have been eliminated;
(3) The user pays the city for all costs incurred by the city in responding to the discharge or threatened discharge; and
(4) The user pays the city for all costs the city will incur in reinstating services.
(f) A user may appeal the suspension in accordance with the procedures for reconsideration and hearing set forth in § 12.5-119 of this chapter.
(g) The city may obtain a lien against the property to recover its response costs pursuant to the procedures set out in § 12.5-120 of this chapter.
(h) The remedies provided by this section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against nor a prerequisite for, taking other action against a violator.
(Ord. 12274, § 1, passed 11-28-1995)