A. Emergency Suspension Of Service And Revocation Of Indirect Discharge Permit: The city may, after informal notice to the user, in writing, or in person, or by telephone, revoke the indirect discharge permit and order the suspension of the wastewater treatment service to a user when it appears to the city that an actual or threatened discharge: 1) presents or threatens an imminent or substantial danger to the health or welfare of persons or substantial danger to the environment; or 2) threatens to interfere with the operation of the POTW; or 3) additional discharge would cause the city to exceed its NPDES permit limits. Any user notified of the city’s suspension order shall immediately cease all discharges. In the event of failure of the user to comply with the suspension order, the city may immediately take all necessary steps to halt or prevent any further discharge by such user into the POTW. The city shall have the authority to physically cap, block or seal the user’s sewer line, whether on public or private property, to terminate service under this section. The city shall have the right to enter the user’s property to accomplish the capping, blocking or sealing of the user’s sewer line. The city shall reinstate the wastewater treatment service upon clear and convincing proof by the user of the elimination of the noncomplying discharge or condition creating the threat as set forth above.
B. User Prohibited Conduct: A user shall not: 1) fail to report accurately the wastewater constituents and characteristics of its discharge; 2) fail to report significant changes in wastewater constituents or characteristics; 3) refuse reasonable access to the user’s premises by representatives of the city for the purpose of inspection or monitoring; or 4) violate the provisions of the indirect discharge permit, the provisions of this chapter or any order of the city with respect thereto. The city may seek any or all of the administrative, civil and criminal remedies or penalties provided in this chapter, including termination of wastewater treatment service, against any user who violates any of the foregoing prohibitions. The city may seek the issuance of a temporary or permanent injunction, as deemed appropriate, for legal and/or equitable relief. The city reserves the right, however, to take other action against any user when the circumstances warrant. Further, the city is empowered to take more than one enforcement action against any noncompliant user. These actions may be taken concurrently.
Issuance of a compliance order, administrative fines, penalties and/or cease and desist orders shall not be a bar against, or prerequisite for, taking any other action against a noncompliance user.
C. Notification Of Violation; Administrative Adjustment:
1. Whenever the city finds that any user has violated the prohibitions in subsection B of this section, the city shall cause to be served upon such user a written notice either in person or by certified or registered mail, return receipt requested, stating the nature of the alleged violation or violations. The notice may also state what fine, penalty or other remedy the city will seek against the user for such alleged violation or violations.
2. Within twenty (20) days of the date of receipt of the notice, the user shall respond, in writing, to the city advising of its position with respect to the allegations. Thereafter, the user shall be given the opportunity to meet with representatives, employees or agents of the city to ascertain the veracity of the allegations, to establish a plan for the satisfactory correction of the violations and preclusion of a recurrence thereof, and to apply the fine or otherwise comply with the penalty or remedy being sought by the city of the violation or violations. Submission of a response in no way relieves the user of liability for any violations occurring before or after receipt of written notice of noncompliance from the city. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
D. Show Cause Hearing: Where the violation of subsection B of this section is not corrected by timely compliance through the administrative adjustment procedures set forth in subsection C of this section, the city may order any user who suffers or permits a violation of subsection B of this section to show cause before the water and sewer committee or its designee why the proposed enforcement action, which may include service termination, should not be taken. A written notice shall be served on the user by personal service or by certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the water and sewer committee or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action and directing the user to show cause before the committee or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten (10) days before the hearing. Service of the notice may be made on any agent, officer, or authorized representative of a user. The information and evidence presented at the hearing shall be considered by the committee or its designee, which shall then enter appropriate findings of fact, conclusions of law and order with respect to the alleged violations of the user. The appeal of such order may be taken within twenty (20) days by the user to the city council, which may grant a hearing to take additional evidence or render its decision based upon the record of the water and sewer committee proceedings. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against a noncompliant user.
E. Judicial Proceedings: Following the entry of any final order by the city with respect to the violation by the user under this chapter, the city may commence an action for appropriate legal and/or equitable relief in the appropriate local court to enforce the penalty or remedy imposed by the city hereunder.
F. Enforcement Actions shall be as provided in subsection 13.10.265 of this chapter. (Ord. 1526 § 8, 2023: Ord. 1056, 1992)