(A) Any user who violates any of the following, or violates the conditions of this chapter or application state or federal regulations, or a permit or order issued hereunder, is subject to having its permit suspended, modified, or revoked in accordance with the procedures of this chapter:
(1) Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
(2) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
(4) Other good cause.
(B) The Commission may also suspend, modify or revoke the wastewater treatment service and/or wastewater discharge permit of a user after appropriate notice whenever such action is necessary in order to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of the public, the POTW facilities, or the environment, or presenting or causing interference with the POTW or the Commission to violate any condition of its KPDES. Any user notified of a suspension or revocation of service or of its permit shall immediately stop or eliminate its contribution. In the event that the user fails to immediately comply with the suspension, modification or revocation order, the Commission shall take such steps as necessary, including immediate severance of the property service connection, to prevent or minimize the damage to the receiving waters, the POTW facilities, or public health. The Commission may allow the user to recommence discharge and/or service may recommence, at user's expense, after the endangerment has passed and the user has satisfactorily demonstrated consistent compliance. A detailed written statement submitted by the user describing the causes of any harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Commission within fifteen (15) days of the date of occurrence.
(C) An existing permit, which is being renewed in the ordinary course of business, may be amended, modified, suspended or revoked or additional requirements or limitations may be placed upon the permit holder, but only after the holder of the permit, and all other interested parties, have been given thirty (30) days notice of the Commission's intent to do so. The Manager of the Commission or his or her designee shall respond to reasonable requests for information from users regarding the reason(s) for a modification of an existing permit.
(D) The user may request, in writing, a hearing before the Commission to contest the suspension, modification, or revocation of an existing permit within twenty (20) days after receipt of notice of such action, and the Commission shall schedule a hearing upon appropriate request. Not less than ten (10) days before the date set for the hearing, the Commission shall notify the person who requested the hearing of the date, time and place of the hearing. The notice may be given by certified mail, return receipt requested, or by personal delivery.
(E) At the hearing, the Commission shall determine, based on the evidence presented, whether the decision to suspend, modify or revoke the permit is supported by the evidence, and shall issue an order accordingly. The Commission shall accept testimony from the Manager or an authorized representative, and the industrial user or an authorized representative, and any witness offered by the Manager or the industrial user. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Any final order of the Commission shall be reduced in writing, which shall include the date the order was issued, and a copy of the order shall be furnished to the person named in the permit. If the person named in the permit is not present at the time the final order of the Commission is issued, the order shall be delivered to the person by certified, return receipt requested, or by personal delivery. The Commission's final order shall be deemed a final agency action.
(Ord. - -, passed 6-7-84; Am. Ord. 2001-12-06, passed 12-6-01)