(A) The city is charged with the duty of investigating, preventing and abating violations and enforcing the provisions of this subchapter. The city shall be responsible for the supervision and control of the maintenance of the existing sewer line and all new connections. The city shall be responsible for the supervision and control of all other matters related to the operation, maintenance, alteration, repair, and management of the wastewater treatment works. The city may employ the person or persons in such capacity or capacities as advisable to carry out the efficient management and operations of the system and may make necessary or recommended rules, orders and regulations to assure the efficient management and operation of the system, including the setting of rates, surcharges, fees, penalties or other charges, for the use of the system.
(B) If the city determines that a user has violated any provisions of this subchapter, the city may take enforcement action deemed appropriate under the circumstances, including but not limited to the following:
(1) Notification of violation. Upon discovery of a violation of this subchapter or a wastewater permit issued hereunder, the city may serve a written notice of violation upon the user. This notice may require the user to submit an explanation of the violation and a plan for the satisfactory correction and prevention of the cause of the violation. Submission of an explanation or plan shall not relieve the user of any liability for prior or subsequent violations.
(2) Show cause hearing. The city may order any discharger engaging in or allowing conduct prohibited by this subchapter or a wastewater permit issued hereunder to show cause before the city why additional enforcement action, up to and including service termination, should not be taken. At least 10 days prior to the date of the show cause hearing, a written notice of the hearing shall be served on the discharger by personal service or by certified mail, return receipt requested, specifying the place of the hearing and including the reasons why the proposed enforcement action is to be taken. Service may be made on any agent, officer or authorized representative of a discharger. The hearing may be held by the City Manager, Superintendent or other representative designated by the Director to conduct the hearing.
(3) Administrative order of compliance. Following the show cause hearing, the city may issue an order of compliance upon the user directing the user to implement additional self-monitoring, additional management practices; operational techniques; install devices or other related appurtenances; or implement other requirements that may be necessary and appropriate to achieve compliance.
(4) Cease and desist order. Failure to comply with an order of compliance shall be grounds for termination of service, which shall be preceded by a cease and desist order directing the user to cease all violations of this subchapter and comply forthwith. The cease and desist order may also require the user to take appropriate remedial or preventive action as may be necessary to properly respond to the violation including but not limited to halting operations and terminating discharge.
(5) Emergency suspension of service.
(a) In order to stop an actual or threatened discharge presenting or causing an imminent or substantial harm to the health or welfare of persons, the POTW or the environment, the city shall have the authority to bypass the enforcement actions described above and directly suspend the wastewater treatment service or the user’s wastewater permit.
(b) Any user notified of a suspension of the wastewater service or the wastewater permit, shall immediately stop or eliminate its discharge. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the city shall take steps necessary to prevent or minimize damage to the POTW, its receiving stream or individuals, including immediate severance of the sewer connection. Unless termination proceedings have been instituted, the city shall allow the user to recommence its discharge once the danger has passed.
(c) Any user notified of a suspension of the wastewater service or the wastewater permit shall submit to the city, within 15 days, a detailed written report describing the cause of the harmful discharge, the duration of noncompliance including exact dates and times, the measure taken in response to the discharge, and the measures to be taken by the user to prevent any future recurrence.
(6) Termination of sewer use service. In the event that a user violates or continues to violate the provisions of this subchapter, an order, or a permit issued hereunder, the Director shall have the authority to direct the revocation of the discharge permit (if applicable) and termination of the user’s sewer use. Service will recommence only at the user’s expense and after the user has demonstrated its ability to achieve full compliance.
(Prior Code, § 30-92) (Ord. 92-7, passed 8-20-1992)