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(A) The Board may grant individual variances beyond the limitations prescribed in this chapter. The maximum variance on limitation of discharge (hereinafter maximum variance) shall be two and one-half times the limitation on discharge for specific pollutants as set forth in this chapter; provided, however, that the Board may, upon a showing by a petitioner that said maximum variance would be insufficient for its needs and would work an arbitrary or unreasonable hardship on the petitioner, grant on a one-time, exceptional, nonrenewable basis, limitations on discharges in excess of said maximum variance; provided further that the burden of showing such arbitrary and unreasonable hardship shall be on the petitioner who shall, before such variance is granted, show such arbitrary and unreasonable hardship to the Board by clear and convincing proof. In no case shall the Board grant any variance whose terms might or could cause interference as such term is defined in § 51.001.
(B) In granting a variance, the Board may impose such conditions, exceptions, time limitations, duration, and other limitations as the policies of this chapter and the Act may require. Except as provided by this chapter, any variance granted by the Board shall not exceed three years and shall be granted upon the condition that the person who receives such variance shall make such periodic progress reports as the Board shall specify. Such variance may be extended from year to year by affirmative action of the Board, but only if satisfactory progress has been shown.
(C) Any person seeking a variance shall do so by filing a petition for variance with the Superintendent. The city shall specify information required to be submitted by the petitioner. The Superintendent shall investigate such petition, consider the views of persons who might be adversely affected by the granting of a variance and make a report to the Board of the disposition of the petition. If the Board in its discretion concludes that a hearing would be advisable or if the Superintendent or any other person files a written objection to the granting of such variance within 15 days, then a hearing shall be held under the provisions of this chapter and the burden of proof shall be on the petitioner.
(D) If the Board fails to take final action upon a variance request within 60 days after the filing of a petition, the petitioner may deem the petition granted under this chapter for a period not to exceed one year. However, the period of 60 days shall not run any such period of time during which the Board is without sufficient membership to constitute a quorum as set forth in the enabling legislation for the city.
(E) If the limits of a variance are exceeded or if any terms of a variance are violated by the person granted a variance, a violation of this chapter is deemed to have occurred and the variance may be revoked on 30 days notice.
(Ord. 1984-35, passed 12-18-84)
(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)
(A) In the event a user is dissatisfied with enforcement or sampling procedure used by the city as it applies to his discharge to the sanitary sewer, except as such dissatisfaction relates to proceeding under this chapter, that user shall seek relief through the use of the following administrative procedures. The procedure outlined herein is voluntary, and shall not act as a bar or condition precedent to city's use of any remedies provided herein. So that problems or disputes may be resolved on the lowest practicable level, the procedures outlined below shall be followed in order;
(B) The user shall contact the city with his complaint or questions, and shall be referred to the appropriate department for initial screening. Where the problem is routine in nature or requires only explanation, no further action will be taken.
(C) Where a user is not satisfied with the response given by the appropriate department, the complaint or question shall be sent in writing to the Superintendent for review. The Superintendent so designated shall review the file and consult the user in an effort to resolve the problem. If the matter can be resolved to the user's satisfaction at this level, no further action will be required.
(D) If the findings and actions by the Superintendent do not satisfy the user, the entire file, together with recommendations from the Superintendent, shall be given to the Board of Public Works and Safety, who, after review of the file and recommendations of the Superintendent, shall meet with the user and review the complaint. Following the review of the file and discussion with the user, the Board of Trustees will make a final decision on the matter.
(Ord. 1984-35, passed 12-18-84)
(A) An upset shall constitute an affirmative defense to an action brought for noncompliance with applicable pretreatment standards if the following requirements are met.
(B) An industrial user who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and the industrial user can identify the specific causes of the upset;
(2) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures;
(3) The industrial user has submitted the following information to the city and Control Authority immediately upon becoming aware of the upset (if this information is provided orally, a written submission must be provided within 15 days):
(a) A description of the indirect discharge and cause of noncompliance;
(b) The period of noncompliance, including exact dates and times or, if not corrected, the anticipated time the noncompliance is expected to continue; and
(c) Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(C) Burden of proof. In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
(D) User responsibility in case of upset. The industrial user shall control production or all discharges to the extent necessary to maintain compliance with all applicable regulations upon reduction, loss, or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost or fails.
(Ord. 1984-35, passed 12-18-84)
In addition to the fine levied upon conviction of a violator, the Board of Trustees may, where the circumstances of the particular case so dictate, direct the attorney for the city to seek injunctive relief to prohibit the user from discharging into the sanitary sewer system, or to provide such affirmative relief as may be appropriate.
(Ord. 1984-35, passed 12-18-84)
The city may, upon discovering an ongoing or potential discharge of pollutants to the city POTW which reasonably appears to present an imminent danger to the health or welfare of persons, seek and obtain from the circuit court of the county a temporary restraining order to halt or prohibit such discharge. Prior to the filing of such petition, the discharger shall be given informal notice of city's intention to file such action. Methods of informal notice shall include, but not be limited to, any of the following: Personal conversation between discharger and city employees, telephone calls, letters, hand delivered messages, or notices posted at the discharger's premises or point of discharge. Personal contact between city personnel and the discharger shall be attempted, but shall not be condition precedent to city's petition for and obtaining of a temporary restraining order.
(Ord. 1984-35, passed 12-18-84)
The city may, upon discovering an ongoing or potential discharge to city POTW which presents or may present a danger to the environment or which threatens to interfere with the operation of the POTW, immediately issue an order to the discharger to show cause before the Board of Public Works and Safety why the city should not suspend service, revoke the discharger's wastewater discharge permit, or seek injunctive relief to prohibit the discharger from making the discharge. Procedures to be followed by the Board of Trustees in said show cause hearing and in subsequent actions by the Board of Public Works and Safety shall be in accordance with this chapter.
(Ord. 1984-35, passed 12-18-84)
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