(a) Emergency Suspension.
(1) The Utilities Director may for good cause shown suspend a user's wastewater treatment service and revoke its orders when it appears to the Utilities Director that an actual or threatened discharge presents or threatens an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interference with the operation of the POTW or violations of any pretreatment limits imposed by this chapter. Any user notified of the suspension of its wastewater treatment service shall immediately cease all discharges.
(2) In the event of a user's failure to immediately comply voluntarily with the suspension order, the Engineer shall take all steps deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damages to the POTW, its receiving streams or endangerment to any individuals.
(3) Any user to whom a termination order is directed, upon application to the Engineer, shall be afforded a hearing before the Industrial Pretreatment Advisory Board, as soon as possible but no later than twenty days after such application. Any industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent prior to the date of the hearing.
(4) Whenever an industrial user has violated or continues to violate the provisions of subsection (a) hereof, service shall only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
(5) The Utilities Director may decline to recommence services to any industrial user which is the subject of a suspension order unless such user first files with the Utilities Director a satisfactory bond, payable to the POTW, in a value determined by the Utilities Director to be necessary to achieve constant compliance.
(6) The Utilities Director may decline to recommence services to an industrial user, unless the industrial user first submits proof that it has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge.
(b) Noncompliance Termination. The Utilities Director may seek to terminate the wastewater treatment services to any user who:
(1) Fails to provide accurate information in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter;
(2) Fails to factually report significant changes in wastewater constituents or characteristics of its discharge;
(3) Refuses reasonable access to the user's premises by representatives of the City for the purpose of inspection or monitoring;
(4) Falsifies, tampers with or knowingly renders inaccurate, any monitoring device or method required under this chapter; or
(5) Violates the conditions of this chapter, or any final judicial order entered with respect thereto.
(c) Administrative Adjustment. Whenever the City finds that any user has engaged in conduct which justifies termination of wastewater treatment services pursuant to subsection (b) hereof, the City shall serve or cause to be served upon such user, a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within thirty days after the date of receipt of the notice, the user shall respond personally or in writing to the City, 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.
(d) Show Cause Hearing. Where the violation of subsection (b) hereof is not corrected by timely compliance by means of administrative adjustment, the City may order any user which causes or allows conduct prohibited by subsection (b) hereof, to show cause before the Industrial Pretreatment Advisory Board, why the proposed service termination action should not be taken. A written notice shall be served on the industrial user by personal service, or certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the Board 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 Board 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 the user. The proceedings at the hearing shall be considered by the Board which shall then enter an appropriate written recommendation to the City Commission with respect to the alleged improper activities of the user. A copy of the Board's written recommendations shall be served on the industrial user by personal service or certified or registered mail, return receipt requested. The industrial user may, within ten days of receipt of such notice, file with the City Commission a written objection to the Board's recommendations, stating with specificity the grounds for such objections. The City Commission shall review the Board's recommendation, and if filed, the industrial user's objection, no sooner than thirty days after service of the Board's recommendations has been made on the industrial user. Whenever any industrial user has filed written objections, the industrial user shall be notified no less than five days before the review by the City Commission of the date and time of such review. Notice shall be served as heretofore prescribed.
(e) Legal/Equitable Relief. Following the entry of any order by the City with respect to the conduct of any user contrary to the provisions of subsections (a) and (b) hereof, the City Law Director may, following the authorization of such action by the City Commission, commence an action for appropriate legal and/or equitable relief in the appropriate local court.
(f) Request for Interpretation. Any user or interested party shall have the right to request in writing from the Industrial Pretreatment Advisory Board, an interpretation or ruling by the City Engineer on any matter covered by this chapter and shall be entitled to a prompt written reply. In the event that such inquiry is made by any industrial user and deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation of subsection (b) hereof is the subject, receipt of any industrial user's objections as provided by subsection (d) hereof, shall stay all enforcement proceedings pending receipt of the aforesaid written reply.
(g) Re-establishment of Services. Whenever an industrial user has violated or continues to violate the provision of subsection (b) hereof or any order or permit issued hereunder and sewer service has been terminated, service will only recommence at the user's expense after it has satisfactorily demonstrated its ability to comply.
(h) Public Notice of Violation. The Utilities Director shall annually review discharge reports submitted and compile a list of industrial users who were in significant noncompliance, as defined at Section 933.08(m), with applicable pretreatment standards or other pretreatment requirements, during the previous twelve months, pursuant to 40 CFR Section 403.8(f)(2)(vii) and publish a notice in the largest daily newspaper published in the City.
(Ord. 15-140. Passed 10-13-15.)