(A) The Board shall have the following methods of recourse in the event of repeated or willful failure by a user to meet the wastewater admissibility requirements provided in this chapter.
(1) When the city finds that a discharge of wastewater has been talcing place in violation of the admissibility requirements of this chapter or the provisions of a major contributor permit, the city may require the user to submit for approval a detailed time schedule of specific actions, acceptable to the Board, which the user shall take in order to prevent or correct a violation of requirements.
(2) When the city finds that a discharge of wastewater has taken place or is likely to take place in violation of the admissibility requirements of this chapter or a major contributor permit, the Board may issue an order to cease and desist, and may direct that the user not complying with the requirements to:
(a) Comply forthwith;
(b) Comply with a time schedule set forth by the Board; or
(c) Take appropriate remedial or preventive action.
(3) When the city finds that a discharge of wastewater is in violation of the admissibility requirements of this chapter or the provisions of a major contributor permit, or otherwise causes or threatens to cause a condition of pollution or nuisance, the board on behalf of the city, may petition any court of proper jurisdiction for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, in restraining the continuance of the discharge.
(4) The city may revoke any major contributor permit or terminate or cause to be terminated wastewater service, in whole or in part, if a violation of any provisions of this chapter or the major contributor permit is found to exist, or if a discharge causes or threatens to cause a condition of pollution or nuisance as defined in this chapter, or causes the city to violate the terms of its NPDES permit or any state or Federal law or regulations.
(5) Any user affected by any decision, action or determination, including cease and desist orders, made by the Superintendent interpreting or implementing the provisions of this chapter, any permit issued herein, or any action, decision or regulation of the Board adopted pursuant thereto, may file with the Board a written request for review and reconsideration within ten days of the decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration. The appeal shall, if reasonably possible, be heard by the Board within 30 days from the date of filing. The Superintendent's decision, action or determination shall remain in effect during the period of reconsideration unless the Board otherwise determines on request of the user.
(B) In addition, the city shall have and the Board may exercise all other legally available remedies.
(Ord. 599, passed 12-3-1984; Am. Ord. 1130, passed 11-30-2017)