§ 52.12 FAILURE TO COMPLY WITH TERMS OF THIS CHAPTER.
   (A)   (1)   Accidental discharge of substances/chemicals. A user shall notify the Superintendent immediately upon accidentally discharging chemicals, corrosive substances, or anything deleterious to the sewerage system or treatment process, or wastewaters in violation of this chapter, to enable countermeasures to be taken by the city to minimize damage to the sewerage system and treatment processes.
      (2)   This notification shall be followed within seven days of the date of occurrence by a detailed written report describing the causes of the accidental discharge and the measures being taken to prevent future similar occurrences. Such notification will not relieve users of liability for any expense, loss, or damage to the sewerage system or treatment process, or any fines or penalties imposed by the Board, which expense, loss, or damage shall be paid for by the user.
      (3)   A notice shall be furnished and permanently posted advising designated responsible employees to call the Superintendent in case of accidental discharge in violation of this chapter.
   (B)   Continued failure to meet wastewater admissibility requirements or the terms of major contributor permits. The Board shall have the following methods of recourse in the event of repeated or willful failure by a user to meet the wastewater admissibility requirements of this chapter. In addition, the city shall have and the Board may exercise all other legally available remedies.
      (1)   Submission of time schedule. When the city finds that a discharge of wastewater has been taking place, in violation of the admissibility requirements prescribed in § 52.15 or the provisions of a major contributor permit, the city may require the user to submit for approval a detailed time schedule of specific actions, acceptable to the Board, which the user shall take in order to prevent or correct a violation of requirements.
      (2)   Issuance of cease and desist orders. When the city finds that a discharge of wastewater has taken place or is likely to take place in violation of the admissibility requirements of § 52.15 or of a major contributor permit, the Board may issue an order to cease and desist, and may direct that the user not complying with such requirements:
         (a)   Comply forthwith;
         (b)   Comply with a time schedule set forth by the Board; or
         (c)   Take appropriate remedial or preventive action.
      (3)   Injunction. When the city finds that a discharge of wastewater is in violation of the admissibility requirements of § 52.15 or the provisions of a major contributor permit, or otherwise causes or threatens to cause a condition of pollution or nuisance, the Board, on behalf of the city, may petition any court of proper jurisdiction for the issuance of a preliminary or permanent injunction or both, as may be appropriate, in restraining the continuance of such a discharge.
      (4)   Termination of service. The city may revoke any major contributor permit or terminate or cause to be terminated wastewater service in whole or in part if a violation of any provision of this chapter or the major contributor permit is found to exist, or if a discharge causes or threatens to cause a condition of pollution or nuisance as defined in this chapter, or causes the city to violate the terms of its NPDES permit or any state or federal law or regulation.
      (5)   Administrative appeals. Any user affected by any decisions, action, or determination, including cease and desist orders, made by the Superintendent, interpreting or implementing the provisions of this chapter, any permit issued herein, or any regulation of the Board adopted pursuant hereto, may file with the Board a written request for review and consideration within ten days of such a decision, action, or determination, setting forth in detail the facts supporting the user’s request for reconsideration. The appeal shall, if reasonably possible, be heard by the Board within 30 days from the date of filing. The Superintendent’s decision, action, or determination shall remain in effect during such period of reconsideration, unless the Board otherwise determines on request of the user.
(2003 Code, § 13.12.110) (Ord. 80-2, passed 1-14-1980)