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(A) Emergency suspensions.
(1) Under this subchapter, the Director may immediately suspend a user’s discharge, after informal notice to the user, whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Director may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents or may present an endangerment to the environment.
(2) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. If a user fails to immediately comply voluntarily with the suspension order, the Director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Director shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the city that the period of endangerment has passed, unless the termination proceedings set forth in division (B) below are initiated against the user.
(3) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Director, prior to the date of any show cause or termination hearing under divisions (B) and (D) below. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(B) Revocation of permit. Any user who violates the following conditions of this subchapter or applicable state and federal regulation is subject to having his or her permit revoked in accordance with the procedure of this section:
(1) Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge;
(2) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user’s premises for the purpose of inspection or monitoring;
(4) Violation of conditions of the permit;
(5) Supplying any false information or statement, representation or certification in any application, report, plan or other document filed or required to be maintained pursuant to this subchapter; or
(6) Violation of any of the provisions and/or requirements of this subchapter.
(C) Notification of violation; compliance scheduling.
(1) Whenever the city finds that any user has violated or is violating this subchapter, wastewater contribution permit or any prohibition, limitation or requirements contained in this subchapter, the water pollution control plant shall serve upon such person a written notice stating the nature of the violation. The notification shall require the industry to reply to the city in writing, within ten days of notification, the cause for the violation and the action the industry plans to take to achieve compliance. A notice of violation to an industry in significant non-compliance shall require the industry to submit a compliance schedule to the city within 30 days of notification. The Director may require a compliance schedule be required as part of the notice of violation if any single violation warrants immediate action. Whenever discharge permit renewals or reports are not submitted as required, a notice of violation shall be issued requiring submission within seven days of notification.
(2) Any industry found in significant non-compliance of its discharge permit or any single violation of an industrial permit or pretreatment ordinance provision deemed significant by the Director shall within 30 days of notification submit to the city a schedule of compliance to correct the violation. Any plan for corrective action submitted after notification shall include a timetable for completion of the required tasks. The plan must be approved and accepted by the city and will represent an agreement which will allow any available enforcement procedure to apply. Any schedule of compliance that exceeds 60 days shall be submitted to the district courts for purposes of a court order approving the compliance schedule making it enforceable against each party thereto as a court order.
(D) Show cause hearing.
(1) The city may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the City Council 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 City Council 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 City Council 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 City Council shall itself conduct the hearing and take the evidence.
(3) After the City Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service will be discontinued. If the user certifies that proper modifications have been made to meet discharge requirements, the sewer disconnect order may be cancelled. Further orders and directives as are necessary and appropriate may be issued.
(E) Legal action. If any person discharges sewage, industrial wastes or other wastes into the city’s wastewater disposal system contrary to the provisions of this subchapter, federal or state pretreatment requirements, or any order of the city, the City Attorney may commence an action for appropriate legal and/or equitable relief in the District Court of the county.
(2013 Code, § 28-97) (Ord. 14438, passed 8-23-1993)