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The Authority may, for good cause shown, suspend the wastewater treatment service to a discharger when it appears to the Authority that an actual or threatened discharge presents or threatens substantial danger to the environment, interference with the operation of the POTW, or violation of any pretreatment limits imposed by this chapter. Any discharger notified of the suspension of the Authority's wastewater treatment service shall, within a reasonable period of time as determined by the Authority, cease all discharges. In the event of failure of the discharger to comply voluntarily with the suspension order within the specified time, the Authority shall commence judicial proceedings immediately thereafter to compel the discharger's compliance with this order. The Authority shall reinstate the wastewater treatment service and terminate judicial proceedings pending proof by the discharger of the elimination of the noncomplying discharge or conditions creating the threat of imminent or substantial endangerment as set forth above.
(Ord. 22A. Passed 8-19-85.)
Any discharger which experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter shall inform the Authority thereof within twenty-four hours of first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the discharger with the Authority within five days. The report shall specify:
(a) A description of the upset, the cause thereof, and the upset's impact on a discharger's compliance status.
(b) The duration of noncompliance, including exact dates and times of noncompliance and, if the noncompliance continues, the time by which compliance is reasonably expected to occur.
(c) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the Authority against a discharger for any noncompliance with this chapter which arises out of violations alleged to have occurred during the period of the upset.
(Ord. 22A. Passed 8-19-85.)
The Authority may seek to terminate the wastewater treatment services to any discharger which: fails to factually report the wastewater constituents and characteristics of its discharge; fails to report significant changes in wastewater constituents or characteristics; refuses reasonable access to the discharger's premises by representatives of the Authority for the purpose of inspection or monitoring; or violates the conditions of this chapter, or any final judicial order entered with respect thereto.
Whenever the Authority finds that any discharger has engaged in conduct which justifies termination of wastewater treatment services, pursuant to Section 1042.13 hereof, the Authority shall serve or cause to be served upon such discharger a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within thirty days of the date of receipt of the notice, the discharger shall respond personally or in writing to the Authority, advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and, where necessary, establish a plan for the satisfactory correction thereof.(Ord. 22A. Passed 8-19-85.)
Where a violation of Section 1042.13 is not corrected by timely compliance by means of administration adjustment, the Authority may order any discharger which causes or allows conduct prohibited by Section 1042.13 to show cause before the Authority or its duly authorized representative why the proposed service termination action should not be taken. A written notice shall be served on the discharger by personal service, certified or registered, return receipt requested, specifying the time and place of the hearing to be held by the Authority or its designee regarding the violation, the reasons why the enforcement action is to be taken and the proposed enforcement action, and directing the discharger to show cause before the Authority or its designee why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer, or authorized representative of a discharger. The proceedings at the hearing shall be considered by the Authority, which shall then enter appropriate orders with respect to the alleged improper activities of the discharger. Appeal of such orders may be taken by the discharger in accordance with applicable local or state law.
(Ord. 22A. Passed 8-19-85.)
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