(A) Responsibility of the Board of Public Works and Safety. The Board shall have the responsibility for reviewing all requests for revocation of discharge permits, disconnection of users from the city POTW, revocation of variance granted under provisions of this chapter, and appeals. Only the Board shall have the authority to approve such revocation of permits, variances, and disconnection of building sanitary sewers and only the Board shall be empowered to take final action on appeals.
(B) Conditions for revocation. Any user who violates this chapter, or applicable state and federal statutes and regulations, or the following, is subject to having its permit revoked in accordance with the procedures of this chapter.
(1) Failure of a user to factually report the wastewater constituents and characteristics of its discharge as determined by the user's or city's analysis.
(2) Failure of the user to report significant changes in process activity or wastewater constituents and characteristics.
(3) Refusal of reasonable access to the user's premises by city representative for the purpose of inspection or monitoring.
(4) Tampering with, disrupting, or destroying city equipment as determined by the Board, by a preponderance of evidence which determination shall be final.
(5) Failure to report an accidental discharge of a pollutant in a reportable quantity.
(6) Failure to report an upset of user's treatment facilities.
(7) Violations of conditions of the permit.
(C) Show cause hearing.
(1) The Superintendent may order any user who causes or allows an authorized discharge to show cause before the Board 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 Board 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 Board 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.
(2) The Board may itself conduct the hearing and take the evidence, or may designate any of its members or any attorney to:
(a) Issue in the name of the Board notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing.
(b) Hear the evidence.
(c) Transmit a report of the proceedings together with recommendations to the Board for action thereon.
(3) At any hearing held pursuant to this chapter, 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 actual cost therefor.
(4) After the Board has reviewed the evidence, it may issue an order to the user responsible for the discharge directing either: that the discharge permit be revoked and the service be disconnected; that following a specified time the permit shall be revoked and sewer service discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and operated properly to comply with the discharge permit; direct the user to cease the unauthorized discharge effective after a specified period of time; or that such other relief as deemed necessary by the Board to abate the discharge be granted. Further orders and directives as are necessary may be issued.
(5) Following an order of revocation, the user shall cease discharging to the city POTW. Failure to do so shall be evidence of continuing harm to city and provide grounds for the granting of injunctive relief or temporary restraining orders.
(D) Any person who shall violate any provision of this chapter shall, following a hearing before the Board of Trustees, be subject to immediate disconnection of the sewer servicing the property upon or in connection with which the violation occurred.
(Ord. 1984-35, passed 12-18-84)