§ 51.266 EMERGENCY SUSPENSION.
   (A)   The Wastewater Utility Manager may immediately suspend a user’s discharge, after informal notice, delivered personally, telephonically, or electronically to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of the public, the environment, or which threatens to interfere with the operation of the POTW. The Wastewater Utility Manager may also immediately suspend a user’s discharge after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
      (1)   Any user notified of a suspension of its discharge shall immediately stop or eliminate its discharge. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Wastewater Utility Manager may take such steps as deemed necessary, including immediate severance of the sewer connection or other means necessary to prevent or minimize an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of the public, the environment, or which threatens to interfere with the operation of the POTW. The pretreatment facility bears all costs, including, but not limited to, damages to the sewer connection, damage to any pretreatment facilities, or transport and disposal costs associated with a severance or other means to cease the discharge to the POTW. The Wastewater Utility Manager may allow the user to recommence its discharge when the user has demonstrated, to the satisfaction of the Wastewater Utility Manager, that the period of endangerment has passed, unless the termination proceedings in § 51.267 are initiated against the user.
      (2)   A user that is responsible, in whole or in part, for any discharge presenting an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of the public, the environment, or which threatens to interfere with the operation of the POTW shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Wastewater Utility Manager prior to the date of any show cause or termination hearing under §§ 51.262 or 51.267.
   (B)   Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(Ord. 2008-38, passed 12-10-2008; Ord. 2019-25, passed on 5-13-2020)