(a) For Emergencies.
(1) The Director of Public Service may order the immediate termination of service and may tale all measures necessary to halt or prevent any discharge to the POTW when he or she finds that any person is causing, engaging in or maintaining a condition or activity which, in his or her judgment, presents an imminent danger to public health or safety or the environment; results in, or is likely to result in, interference with the sewage works; or violates any provision of this chapter, any order issued by the Director pursuant to his or her authority, any order issued by the OEPA or any order issued by the USEPA.
(2) Before issuing any termination of service order, the Director shall notify the user in such a manner as in the Director's judgment would provide reasonable notification that he or she intends to issue a termination of service order. The Director may issue such order without prior notification if reasonable attempts to notify the owner have failed, but, in such event, notification shall be given as soon thereafter as practical. Within five calendar days after the issuance of the order, the Director shall provide the user with an opportunity to be heard and to present evidence that such condition or activity does not present an imminent danger to public health or safety or to the environment; that the condition or activity does not violate a provision of this chapter, any order issued by the Director pursuant to his or her authority, any order issued by the OEPA or any order issued by the USEPA; or that the activity or condition does not result in, nor is it likely to result in, interference with the sewageworks.
(3) Any final order of termination constitutes a final, appealable order pursuant to Ohio R.C. Chapter 2506. However, the failure of any person to appear and defend his or her activity or condition at the hearing before the Director, as provided for in paragraph (a) (2) hereof, constitutes a waiver of that person's right of appeal.
(b) For Specified Reasons.
(1) The Director may terminate the wastewater treatment service to any person who fails to:
A. Factually report the wastewater constituents and characteristics of his or her discharge;
B. Report significant changes in wastewater constituents or characteristics;
C. Permit reasonable access to his or her premises by Division of Water and Sanitary Sewage personnel for the purpose of inspection or monitoring;
D. Comply with all provisions of this chapter; or
E. Comply with the conditions of any judicial order entered with respect to this chapter.
(2) Prior to termination of service under this subsection, the Director shall notify the person, in writing, that the Director intends to terminate service. The notice shall advise the person of the violation and the necessary action to be taken. The person shall respond in writing within a time specified by the Director, advising him or her of the person's position concerning remedial measures. A hearing shall be scheduled prior to termination of service, whereat the person may show cause why the termination should not be ordered. If the Director decides not to terminate service, the person shall be granted a period of time, determined by the Director, to correct any violation or affect remedial measures, if needed. Thereafter, the person shall be on notice that further violation shall be immediately subject to the prescribed penalties. This provision is in addition to other statutes, rules or regulations authorizing termination of service for delinquency in payment.
(3) Any final order of termination constitutes a final appealable order pursuant to Ohio R.C. Chapter 2506. However, the failure of any person to appear and defend his or her activity or condition at the hearing before the Director as provided for in paragraph (b) (2) hereof constitutes a waiver of that person's right of appeal.
(Ord. 91-59. Passed 10-21-91.)