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§ 1044.38 NOTIFICATION OF VIOLATION.
   Whenever the Authority finds that any industrial user has engaged in conduct which justifies termination of wastewater treatment services, pursuant to § 1044.37 of this chapter, the Authority shall serve or cause to be served upon such industrial user, a written notice, either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. The industrial user shall respond personally or in writing to the Authority within the time period specified in the notice, advising of its position with respect to the allegations. Thereafter, the parties shall meet at the discretion of the Director of Water Reclamation Department or his/her designee to ascertain the veracity of the allegations and, where necessary, establish a plan for the satisfactory correction thereof.
(Ord. 1991-239, passed 12-2-1991; Ord. 2010-89, passed 4-19-2010)
§ 1044.39 SHOW CAUSE HEARING.
   Where the violation of § 1044.37 of this chapter is not corrected by timely compliance, the Authority may order any industrial user that causes or allows conduct prohibited by § 1044.37 of this chapter 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 industrial user by personal service, certified or registered, return receipt requested, specifying the time and place of a hearing to be held by the Authority or its designee regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the industrial user 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 an industrial user. 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 discharge. Appeal of such order may be taken by the industrial user in accordance with applicable local law.
(Ord. 1991-239, passed 12-2-1991; Ord. 2010-89, passed 4-19-2010)
§ 1044.40 JUDICIAL PROCEEDINGS.
   (a)   The Authority shall have the legal authority, enforceable in any court of competent jurisdiction, to apply and enforce the requirements of §§ 307(b) and (e) and 402(b)(8) of the Act, any regulations implementing those sections and any provision of this chapter.
   (b)   Following the entry of any order by the Authority with respect to the conduct of an industrial user contrary to the provisions the Act, any regulations implementing the Act or § 1044.356 of this chapter, the attorney for the Authority may, after the authorization of such action by the Authority, commence an action for appropriate legal and/or equitable relief in any court of competent jurisdiction.
(Ord. 1991-239, passed 12-2-1991)
§ 1044.41 ANNUAL PUBLICATION.
   At least annually, the Authority shall publish, in the local newspaper with the largest circulation in the city, a list of all industrial users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment requirement, as defined in § 1044.02(pp) of this chapter.
(Ord. 1991-239, passed 12-2-1991; Ord. 2005-74, passed 3-21-2005; Ord. 2010-89, passed 4-19-2010)
§ 1044.42 RIGHT OF APPEAL.
   Any industrial user or any interested party shall have the right to request, in writing, an interpretation or ruling by the Authority on any matter covered by this chapter and shall be entitled to a prompt written reply. In the event that such inquiry is by an industrial user and deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is the subject, receipt of an industrial user’s request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this chapter may be taken in accordance with applicable local law.
(Ord. 1991-239, passed 12-2-1991)
§ 1044.43 OPERATING UPSETS.
   (a)   Any industrial user which experiences an upset in operations which places the industrial user in a temporary state of noncompliance with this chapter shall inform the Authority thereof within 24 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 industrial user with the Authority within five days. The report shall specify:
      (1)   A description of the upset, the cause thereof and the upset’s impact on an industrial user’s compliance status;
      (2)   The duration of noncompliance, including exact dates and time of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur; and
      (3)   All steps taken or to be taken to reduce, eliminate and prevent recurrence of such upset or other conditions of noncompliance.
   (b)   A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the Authority against the industrial user for any noncompliance with this chapter which arises out of violations alleged to have occurred during the period of the upset. An industrial user who wishes to establish such an affirmative defense shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence, that:
      (1)   An upset occurred and the industrial user can identify the cause(s) of the upset;
      (2)   The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
      (3)   The industrial user has complied with the requirement of division (a) hereof.
   (c)   In any enforcement proceeding the industrial user seeking to establish the occurrence of an upset shall have the burden of proof.
   (d)   In case of an upset, the industrial user shall control production or all discharges to the extent necessary to maintain compliance with the standards of this chapter upon reduction, loss or failure of its treatment facility until the facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary service of power of the treatment facility is reduced, lost or fails.
(Ord. 1991-239, passed 12-2-1991)
REMEDIES AND PENALTIES
§ 1044.44 DELINQUENCY; LIEN.
   Industrial waste surcharges levied in accordance with this chapter shall be a debt due the city and shall be a lien upon the property. If this debt is not paid within 30 days after it shall be due and payable, it shall be deemed delinquent and may be recovered by civil action in the name of the city against the property owner, the person or both.
(Ord. 1991-239, passed 12-2-1991)
§ 1044.45 DISCONTINUANCE OF SERVICE; CHARGES.
   (a)   In the event of failure to pay sewer service or surcharges after they become delinquent, the city shall have the right to discontinue sewer service, or to remove or close sewer connections and enter upon the property for accomplishing such purposes.
   (b)   The expense of such discontinuance, removal or closing, as well as the expense of restoring service, shall likewise be a debt due the city and a lien upon the property, and may be recovered by a civil action in the name of the city against the property owner, the person or both.
(Ord. 1991-239, passed 12-2-1991)
§ 1044.46 RESTORATION OF SERVICE.
   Sewer service shall not be restored until all charges, including the expenses of removal, closing and restoration, have been paid.
(Ord. 1991-239, passed 12-2-1991)
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