(A) Conditions for Revocation or Suspension. Any Significant Industrial User who violates this ordinance, an Order issued pursuant to §§ 52.160 through 52.167 of this ordinance, the Illinois Environmental Protection Act (Ill. Adm. Code Title 35), or the Federal Clean Water Act (33 U.S.C. §§ 1251 et seq. (Pub. L. 92-500)), or regulations promulgated under either act, or does any of the following, is subject to having its wastewater discharge permit revoked or suspended.
(1) Fails to fully and accurately report to the City Manager or other designee of City the wastewater constituents and characteristics of its wastewater discharge as determined by the industrial user’s or POTW’s analysis;
(2) Fails to fully and accurately report significant changes in process activity which could affect its wastewater discharge or wastewater constituents and characteristics, including without limitation failure to provide prior notification to the City Manager of changed conditions under § 52.094 of this ordinance;
(3) Refuses reasonable access to the industrial user’s premises by POTW representatives for the purpose of inspection or monitoring;
(4) Tampers with, disrupts, or destroys POTW equipment;
(5) Fails to report an accidental discharge of a pollutant;
(6) Fails to report an Upset of the industrial user’s treatment facilities; or
(7) Violates any condition of the wastewater discharge permit.
(8) Tampers with any portion of the city sanitary sewer.
(9) Misrepresentation or failure to fully disclose all relevant facts in a wastewater discharge permit application.
(10) Failure to pay sewer charges or other charges assessed pursuant to this ordinance.
(11) Failure to complete a wastewater survey or the wastewater discharge permit application.
(12) Failure to provide notice of transfer of business ownership of a permitted facility.
(13) Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this ordinance.
(B) Procedures for Revocation or Suspension.
(1) The POTW may order any industrial user who causes or allows any action which is subject to revocation or suspension under Section (A) above to show cause before the City Council why its wastewater discharge permit should not be revoked or suspended.
(2) (a) A notice shall be served on the industrial 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 action, and directing the industrial user to show cause before the City Council why its wastewater discharge permit should not be revoked or suspended.
(b) The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least five (5) days before the hearing. Service may be made on any agent or officer of a corporation.
(3) The City Council may itself conduct the hearing and take the evidence, or may designate any of its members or its attorney to:
(a) Issue in the name of the City Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing;
(b) Take the evidence;
(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.
(4) At any hearing held pursuant to this ordinance, testimony taken must be under oath and recorded stenographically or by tape recording. The transcript of said hearing will be made available to any member of the public or any party to the hearing upon payment of the usual copying charges therefore.
(5) After the City Council has reviewed the evidence, it may issue an order to the industrial user responsible for the discharge directing either:
(a) That the wastewater discharge permit be revoked or suspended and the service be disconnected, or
(b) That following a specified time the wastewater discharge permit shall be revoked or suspended and sewer service discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and operated properly to comply with the wastewater discharge permit, or
(c) Direct the user to cease the unauthorized discharge effective after a specified period of time, or
(d) That such other action as deemed necessary by the City Council to abate the discharge be done by the industrial user. Further orders and directives as are necessary may be issued.
(6) Following an order of revocation or suspension of its wastewater discharge permit, the industrial user shall cease discharging to the POTW in accordance with the terms of said Order. Failure to do so shall be prima facie evidence of continuing harm to POTW and provide grounds for the granting of injunctive relief or temporary restraining orders.
(Prior Code, Art. 16B, § 10.8)