§ 52.054 COMPLIANCE REPORTING REQUIREMENTS.

   Within 90 days following the date for final compliance with applicable pretreatment standards or in the case of the commencement of a new discharge to the wastewater disposal system, any user subject to pretreatment standards and requirements shall submit to the Director a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards and requirements and the average and maximum daily flow for these process units in the user’s facility which are limited by pretreatment standards or requirements. The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not, what additional operation and maintenance and/or pretreatment is necessary to bring the facility into compliance with the applicable pretreatment standards or requirements. This statement shall be signed by the user and certified to by a qualified professional.

(Prior Code, § 14-4-6)

§ 52.055 CONFIDENTIAL INFORMATION.

   (A)   Information and data on a user obtained from applications, permits, monitoring programs, and inspections shall be available to the public or other government agencies without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the Director that the release of the information would divulge information, processes, or methods of production entitled to protection as trade secrets of the user.

   (B)   When requested by the person furnishing a report, and until the time as the information is determined not to be confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this chapter, the NPDES permit, state disposal system permit, and/or the pretreatment programs, provided, however, that such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the Director as confidential shall not be transmitted to any governmental agency or to the general public by the Director until and unless a ten-day notification is given to the industrial user.

(Prior Code, § 14-4-7)

ENFORCEMENT

§ 52.070 SLUG OR ACCIDENTAL DISCHARGE.

   (A)   The Director may suspend the wastewater treatment service of a user and/or a wastewater discharge permit after formal written notice to the discharger when the suspension is necessary, in the opinion of the Director, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or to the wastewater disposal system, or would cause the city to violate any condition of its NPDES or state disposal system permit.

   (B)   Any user notified of a suspension of the wastewater treatment service and/or the wastewater discharge permit shall immediately stop the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the Director shall take the steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater disposal system or endangerment to any individuals. The Director shall reinstate the wastewater discharge permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the slug or accidental discharge and the measures taken to prevent any future occurrence shall be submitted to the Director within 15 days of the date of occurrence.

(Prior Code, § 14-5-1)

§ 52.071 REVOCATION OF PERMIT.

   In accordance with the procedures of §§ 52.070 through 52.075, the Director may revoke the permit of any user which fails to factually report the wastewater constituents and characteristics of his or her discharge, which fails to report significant changes in wastewater constituents or characteristics, which refuses reasonable access to the user’s premises for the purpose of inspection or monitoring or for violation of conditions of its permit, this chapter, or applicable state and federal regulations.

(Prior Code, § 14-5-2)

§ 52.072 NOTIFICATION OF VIOLATION.

   Whenever the Director finds that any person has violated or is violating this chapter, wastewater discharge permit, or any prohibition, limitation, or requirement contained herein, the Director may serve upon the person a written notice stating the nature of the violation. Within 30 days of the date of the notice, unless a shorter time frame is necessary due to the nature of the violation, a plan for the satisfactory correction thereof shall be submitted to the city by the user.

(Prior Code, § 14-5-3)

§ 52.073 SHOW CAUSE HEARING.

   (A)   Notice of hearing. If the violation is not corrected by timely compliance, the Director may order any user which causes or allows an unauthorized discharge to show cause in a hearing before the City Council why the proposed enforcement action should not be taken. A notice of the hearing shall include proposed enforcement action and 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 or one of the persons whose name appears on the permit application.

   (B)   Hearing officials. The City Council may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the Public Works Department to:

      (1)   Issue in the name of the City Council notices of hearings requesting the attendance and testimony of witnesses and the protection of evidence relevant to any matter involved in the hearings;

      (2)   Take the evidence; and

      (3)   Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.

   (C)   Transcripts. 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 usual charges therefor.

   (D)   Issuance of orders. 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 be discontinued unless adequate treatment facilities, devices, or other related appurtenances shall have been installed or existing treatment facilities, devices, or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.

(Prior Code, § 14-5-4)

§ 52.074 LEGAL ACTION.

   If any person discharges sewage, industrial waste, or other wastes into the city’s wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the City Attorney may, following the authorization of the action by the City Council, commence an action for appropriate legal and/or equitable relief.

(Prior Code, § 14-5-5)

§ 52.075 APPEAL TO THE CITY COUNCIL.

   (A)   Any interested party shall have the right to request in writing an interpretation or ruling on any matter covered by this chapter and shall be entitled to a written reply from the city/City Attorney.

   (B)   Any decision of the Director in the enforcement of this chapter maybe appealed to the City Council by filing a written petition with the City Clerk within 30 days of the Director’s ruling. The petition shall specify in detail the matter or matters involved and every ground or basis on which objections are made. The petition shall show the names, addresses, and telephone numbers of all objectors and their attorney at law or representative. The filing of a petition in accordance with the requirements herein shall stay all proceedings unless the Director shall file within 72 hours after the filing of a petition a certificate stating that a stay would cause peril to life or property or specifying other good reason.

   (C)   The City Council shall fix a reasonable time for hearing of the petition or appeal and give due notice of the time and place of the hearing to parties named in the petition as attorney or spokesperson. The hearing shall be open to the public. Petitioners shall be given full opportunity to present evidence in support of their petition after which the Director may present evidence in support of his or her decision.

   (D)   The City Council shall decide the appeal within a reasonable time and notify the attorney or representative. The minutes of the Council shall constitute the official record of the petition, hearing, and decision. Any party desiring a transcript of the proceedings shall furnish a qualified court reporter at its own expense.

(Prior Code, § 14-5-6)