(a) Harmful Contributions. The Sanitary Board may suspend the wastewater treatment service and/or the Wastewater Contribution Permit and the permittee SHALL IMMEDIATELY stop, or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the Suspension Order, the Sanitary Board shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individual. The Sanitary Board shall reinstate the Wastewater Contribution Permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrences shall be submitted to the Sanitary Board within fifteen days of the date of the occurrence.
(b) Revocation of Permit. Any user who violates the following conditions of this article, or applicable State or Federal regulation, is subject to having his permit revoked in accordance with the procedures of this section.
(1) Failure of a user to factually report the wastewater constituents and characteristics of their discharge;
(2) Failure of user to report significant changes in operations, or wastewater constituents or characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;
(4) Violation of the conditions of this permit.
(c) Notification of Violation. Whenever the Sanitary Board finds that a user has violated, or is violating, this article; Wastewater Contribution Permit, or any prohibition limitation or requirement contained herein, the Sanitary Board may serve upon such a person a written notice stating the nature of the violation. Within thirty days of the notice date, a plan for satisfactory correction thereof shall be submitted to the Sanitary Board by the user.
(d) Show Cause Hearing.
(1) The Sanitary Board may order any user who causes or allows an unauthorized discharge to show 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 Sanitary Board 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 Sanitary Board as to 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 Sanitary Board may itself conduct the hearing or may designate any Member, Officer, or Employee to:
A. Issue in the name of the Sanitary Board notice of the hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
B. Accept the evidence;
C. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Sanitary Board for action thereon.
(3) At any hearing held pursuant to this article, all testimony taken must be recorded. The transcript will be made available to any member of the public or any party to the hearing upon payment of usual charges thereof.
(4) After the Sanitary Board 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 are properly operated. 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 POTW contrary to the provisions of this article, Federal or State Pretreatment Requirements or any order of the Sanitary Board, the Sanitary Board Attorney may commence an action for appropriate legal and/or equitable relief in the (Circuit) Court of this County. (Passed 3-5-90)