Loading...
A. Information and data obtained from reports, questionnaires, permit applications, permits and monitoring programs and from inspections shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the city that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the user.
B. When requested by the user furnishing a report, portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, except upon written request to governmental agencies through the Freedom of Information Act for uses related to this chapter, the national pollutant discharge elimination system (NPDES) permit, state disposal system permit and/or the pretreatment program; provided, however, that such portions of a report shall be available for use by EPA, the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report. Data on wastewater constituents and characteristics will not be recognized as confidential information. Information accepted by the city as confidential shall not be transmitted to the general public by the city until and unless a ten (10) day notification is given to the user. (Ord. 4261, 10-6-1997)
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished as provided in the general penalty in section 1-3-1 of this code. (Ord. 4261, 10-6-1997; amd. 2001 Code)
The superintendent may issue a notice of violation with or without an order against any user deemed to be in violation of this chapter.
A. Service: The notice of violation shall be served upon the user either by personal delivery or by first class mail addressed to the user, except that an immediate cease and desist order may be written or oral, and may also be served by telephone.
B. Content Of Notice Of Violation: The notice of violation shall specify the following:
1. Date and time of issuance.
2. Date(s), time(s) and place(s) of violation, the nature of the violation, the substances discharged, where ascertainable, and the volume of the discharge, where applicable.
3. Reference to the pertinent section of this chapter under which the violation is charged.
4. Reference to the pertinent section of this chapter establishing penalties for the violation.
5. The right of the alleged violator to present to the superintendent written explanations, information or other materials in answer to the notice of violation, including any defenses.
C. Plan Of Correction: Within thirty (30) days of the notice, the user shall submit a plan for the satisfactory correction of the problem to the city. (Ord. 4261, 10-6-1997)
A. Issued: Whenever the superintendent has determined that any user has violated this chapter or other applicable laws or regulations which the city is authorized to enforce, the superintendent may issue an order, with or without a notice of violation and whether or not a notice of violation was previously issued, to take actions deemed appropriate by the superintendent under the circumstances.
B. Types Of Orders: The following orders may be issued by the superintendent:
1. Immediate Cease And Desist: An order to immediately cease and desist from discharging any wastewater or pollutant which presents or may present imminent or substantial endangerment to the health or welfare of persons or the environment, or could cause interference with the operation of the POTW. The order shall be final and in effect until a hearing, if requested, is concluded and a final decision is made by the superintendent pursuant to this chapter.
2. Order To Show Cause: The superintendent may issue an order to show cause why an order to cease discharge by a certain time and date or perform other actions should not be issued. The order may contain conditions or requirements as deemed appropriate by the superintendent, including, but not limited to, a requirement to do the following:
a. Submit samples.
b. Install sampling or monitoring equipment.
c. Submit reports.
d. Permit access for inspection, sampling, tests, monitoring and investigations.
e. Install, operate, upgrade and maintain pretreatment equipment.
f. Reduce or eliminate a discharge or pollutants in a discharge.
g. Payment of applicable fees.
3. Content Of Orders: Any order issued by the superintendent shall contain the facts and reasons and grounds for its issuance, and the remedial action ordered as well as the time within which such action shall be taken. No such order shall be deemed insufficient, however, for inconsequential errors and omissions in the facts and reasons and grounds for the order. Multiple orders may be issued simultaneously or in combination as a single order by the superintendent with respect to a single user. (Ord. 4261, 10-6-1997)
A hearing may be requested in writing by any user deeming itself aggrieved by any notice of violation, order, surcharge or action on a permit by the superintendent within thirty (30) calendar days after the notice of violation, order, notice of a surcharge, or action on a permit has been served upon such user. The request for a hearing shall be submitted to the superintendent in writing and the superintendent shall provide written response outlining further actions within thirty (30) days of receipt of the request for hearing. (Ord. 4261, 10-6-1997)
A. Conditions For Revocation: Any user who violates this chapter, any condition of its wastewater discharge permit, or any of the following, is subject to having its permit revoked in accordance with the procedures of this section: (Ord. 5267, 3-2-2015)
1. Failure to accurately report the wastewater constituents and characteristics of its discharge;
2. Failure of the user to report substantial changes in process activity or in volume or character or pollutants being introduced into the POTW at least ninety (90) days prior to such change;
3. Tampering with monitoring equipment;
4. Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling;
5. Violation of permit conditions;
6. Violation or breach of any treatment agreement;
7. Failure to report an upset, failure and/or bypass of user's pretreatment facilities;
8. Failure to pay fines, fees or sewer users charges;
9. Failure to follow enforcement orders or compliance of schedules;
10. Failure to correct a condition that impedes or alters the POTWs ability to monitor the user's discharge or has the potential to cause interference or pass-through.
B. Procedures For Revocation:
1. Any permit issued to a user pursuant to this section may be revoked for any action which is subject to revocation under subsection A of this section. No revocation shall be issued except upon notice delivered to the users by mailing the notice in the regular mail at the address listed on the wastewater discharge permit, a minimum of ten (10) days prior to the date set for hearing before the superintendent or his designee. Such notice shall inform the user of the time, date and place of the hearing, the purpose of the hearing and shall set out the reasons therefor;
2. If, after having a hearing, the superintendent makes a finding based on substantial evidence that action subject to revocation under subsection A of this section, has occurred as alleged, the superintendent may suspend, continue suspension of or revoke the permit; the determination of such action shall be in the discretion of the superintendent and shall be dependent upon the circumstances surrounding violations by the user of subsection A of this section and their severity;
3. The decision of the superintendent to suspend, continue suspension or to revoke the permit of a user whose discharge occurs within the city may be appealed to the city council. The decision of the superintendent to suspend, continue suspension or to revoke the permit of a user whose discharge occurs within another constituent community may be appealed to the city council. In order to appeal such decision, written notice of appeal must be filed with the city clerk within three (3) days after receipt of the decision. Failure to file such written notice of appeal shall constitute a waiver of right to appeal the decision of the superintendent;
4. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the city clerk. An appeal hearing before the city council shall be scheduled at or before the next regular city council meeting, if such notice is received by five o'clock (5:00) P.M. on the Wednesday before the next regular city council meeting. If notice is not received by the above designated time, the hearing will be scheduled at or before the next following city council meeting, if notice is received within three (3) days after receipt of the decision by the superintendent. The hearing may be continued for good cause. The hearing shall be confined to the record made before the superintendent and the arguments of the parties or the representatives, but no additional evidence shall be taken. After such hearing, the city council may affirm or reverse the order of the superintendent. Such written decision shall be filed with the city clerk within three (3) days after the hearing, or any continued session thereof;
5. A user whose permit has been revoked shall not be eligible for another permit until thirty (30) days after the violating conditions have been corrected to the satisfaction of the superintendent. (Ord. 4261, 10-6-1997)
If any person discharges sewage, industrial wastes or other wastes into the city's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the city, the city attorney may commence an action for appropriate legal and/or equitable relief in the court of this county. (Ord. 4261, 10-6-1997)
Loading...