(A) Emergency suspension of service and discharge permits. The city may for good cause shown suspend the wastewater treatment service to an industrial discharger when it appears to the city that an actual or threatened discharge presents or threatens an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interferes with the operation of the treatment works, or violates any pretreatment limits imposed by this chapter. Any industrial discharger notified of the suspension of the city's wastewater treatment service shall within a reasonable period of time, as determined by the city, cease all discharges. In the event of failure of the industrial discharger to comply voluntarily with the suspension order within the specified time, the city shall commence judicial proceedings, immediately thereafter to compel the industrial discharger's compliance with such order. The city shall reinstate the wastewater treatment service and terminate judicial proceedings pending proof by the industrial discharger of the elimination of the noncomplying discharge or conditions creating threat of imminent or substantial danger as set forth above.
(B) Revocation of treatment services. The city may seek to terminate the wastewater treatment services to any industrial discharger which fails to:
(1) Factually report the wastewater constituents and characteristics of its discharge;
(2) Report significant changes in wastewater constituents or characteristics;
(3) Refuse reasonable access to the industrial discharger's premises by a representative of the city for the purpose of inspection or monitoring; or
(4) Violates the conditions of this chapter or any final judicial order entered with respect thereto.
(C) Notification of violation: administrative adjustment. Whenever the city finds that any industrial discharger has engaged in conduct which justifies termination of wastewater treatment services, pursuant to subsection (B) hereof, the city shall serve or cause to be served upon such industrial discharger, a written order either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within thirty days of the date of receipt of the order, the industrial discharger shall respond personally or in writing to the city advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and where necessary, establish a plan for the satisfactory correction thereof.
(D) Show cause hearing. Where the violation of division (B) hereof is not corrected by timely compliance by means of administrative adjustment, the city may order any industrial discharger which causes or allows conduct prohibited by division (B) hereof, to show cause before the city or its duly authorized representative, why the proposed service termination action should not be taken. A written notice shall be served on the industrial discharger by personal service, certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the city or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the industrial discharger to show cause before the city or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer or authorized representative of an industrial discharger. The proceedings at the hearing shall be considered by the city which shall then enter appropriate orders with respect to the alleged improper activities of the industrial discharger. Appeal of such orders may be taken by the industrial discharger in accordance with applicable local or State law.
(E) Judicial proceedings. Following the entry of any order by the city with respect to the conduct of an industrial discharger contrary to the provisions of division (B) hereof, the Attorney for the city may, following the authorization of such action by the city, commence an action for appropriate legal and/or equitable relief in the appropriate local court.
(F) Enforcement actions: annual publication. A list of all significant industrial dischargers which were the subject of enforcement proceedings pursuant to this section during the twelve previous months, shall be annually published by the city in the largest daily newspaper published in the Municipality, summarizing the enforcement actions taken against the industrial dischargers during the same twelve months whose violations remained uncorrected forty-five or more days after notification of noncompliance; or which have exhibited a pattern of noncompliance over that twelve-months period, or which involve failure to accurately report noncompliance.
(G) Right of appeal. Any industrial discharger or any interested party shall have the right to request in writing an interpretation or ruling by the city on any matter covered by this chapter and shall be entitled to a prompt written reply. In the event that such inquiry is by an industrial discharger and deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of an industrial discharger's request, shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this chapter may be taken in accordance with local and State law.
(H) Operating upsets. Any industrial discharger which experiences an upset in operations which places the industrial discharger in a temporary state of noncompliance with this chapter shall inform the city thereof within twenty-four hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the industrial discharger with the city within five days. The report shall specify:
(1) Description of the upset, the cause thereof, and the upset's impact on an industrial discharger's compliance status.
(2) Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur.
(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
A documented and verified bona-fide operating upset shall be an affirmative defense to any enforcement action brought by the city against an industrial discharger for any noncompliance with the chapter which arises out of violations alleged to have occurred during the period of the upset.
(I) Records retention. All industrial dischargers subject to this chapter shall retain and preserve for no less than three years, any records, books, documents, memoranda, reports, correspondence and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or in behalf of an industrial discharger in connection with its discharge. All records which pertain to matters which are the subject of administrative adjustment or any other enforcement or litigation activities brought by the city pursuant here to shall be retained and preserved by the industrial discharger until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired.
(Ord. 14-1985, passed 3-27-85) Penalty, see § 51.99