(a) Orders of City Administrator. The City Administrator may issue orders to any industrial discharger to require compliance with any requirements under this chapter, including applicable Categorical Pretreatment Standards, other discharge limits and reporting requirements.
(b) Emergency Suspension of Service. The City Administrator may for good cause shown suspend wastewater treatment service to a discharger when it appears to the City Administrator 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 WPCC or violation of any pretreatment limits imposed by this chapter. Any discharger notified of the suspension of the City's wastewater treatment service shall, within a reasonable period of time as determined by the City Administrator, cease all discharges. In the event of failure of the discharger to comply voluntarily with the suspension order within the specified time, the City may take such action as is necessary to suspend treatment service. The City shall reinstate wastewater treatment service upon proof by the discharger of the elimination of the noncomplying discharge or conditions creating the threat of imminent or substantial danger as set forth above.
(c) Revocation of Treatment Services. The City may terminate wastewater treatment services to any discharger who fails to: factually report the wastewater constituents and characteristics of its discharge; report significant changes in wastewater constituents or characteristics; refuse reasonable access to the discharger's premises by representatives of the City for the purpose of inspection or monitoring; or comply with the conditions of this chapter or any final judicial order entered with respect thereto.
(1) Notification of violation-administrative adjustment. Whenever the City finds that any discharger has engaged in conduct which justifies termination of wastewater treatment services, the City shall serve or cause to be served upon such discharger, a written notice either personally or by certified 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 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.
(2) Show cause hearing. Where the violation is not corrected by timely compliance by means of administrative adjustment, the City may order any discharger who causes or allows conduct prohibited by this chapter to show cause before the City why the proposed service termination action should not be taken. Written notice shall be served on the discharger by personal service or certified mail, return receipt requested, specifying the time and place of a hearing to be held by the City regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action and directing the discharger to show cause before the City 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 City, 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.
(3) Judicial proceedings. Following the entry of any order by the City with respect to the conduct of a discharger contrary to the provisions of this chapter, the Director of Law may, following the authorization of such action by the City, commence an action for appropriate legal and/or equitable relief in the appropriate court.
(d) Enforcement Actions; Annual Publication. At least annually, the City Administrator shall publish a list of all industrial users which at any time during the previous twelve months were in significant noncompliance with applicable pretreatment requirements.
(e) Right of Appeal. Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the City on any matter covered by this chapter and shall be entitled to a prompt written reply. In the event that such inquiry is by a discharger 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 a discharger'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 local and State law.
(f) Operating Upsets. Any discharger who experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter shall inform the City Administrator 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 City Administrator within five days. The report shall specify:
(1) Description of the upset, the cause thereof and the upset's impact on a discharger's compliance status.
(2) 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.
(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such upset or other conditions of noncompliance.
A documented and verified bona fide operating upset shall be an affirmative defense to any enforcement action brought by the City against a discharger for any noncompliance with this chapter which arises out of violations alleged to have occurred during the period of the upset.
(g) Annual Publication. The City Administrator shall publish annually, in the .largest daily newspaper published in the municipality, a list of the dischargers which, at any time during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements. (Ord. 14-26. Passed 5-5-14.)