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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)
Each and every day, or portion thereof, of any violation of this chapter or a use permit or a final order issued under this chapter by any user shall constitute a separate and new violation by such user and shall be punishable as herein provided for civil and criminal penalties. (Ord. 4261, 10-6-1997)
A. When ordered by the city council or when fees and surcharges remain unpaid ninety (90) days after having been billed, the following notice shall be forwarded by registered mail, return receipt requested, certified mail, or personal service to the occupants at the address of the building being served by the city:
NOTICE OF INTENT TO TERMINATE SERVICE
You are hereby notified that due to (insert reason for termination), the wastewater service to the building located at (insert address) will be terminated within thirty (30) days hereafter unless you have corrected the above situation. Your service will be disconnected and your building will be red-tagged as unfit for human occupancy on the thirty-fifth (35th) day after date of this notice. Dated .
WASTE MANAGEMENT
SERVICES DEPARTMENT
CITY OF WATERLOO, IOWA
BY:
Superintendent
B. The city hereby declares that it is against public policy for a building to be occupied by human inhabitants which has been red-tagged by the waste management services department after appropriate notice has been given that the building is "a public nuisance and unfit for human occupancy".
C. In the event that such user fails to correct the cause for the above notice, the following notice shall be forwarded by registered mail, return receipt requested, certified mail, or personal service to the occupants of the building and also affixed to the building or housing unit within a building:
NOTICE OF TERMINATION
You are hereby notified that there has been no response to the Notice of Intent to Terminate Service and the thirty (30) day period stated therein has lapsed. You are hereby notified that on (here insert date five days after service of this notice), the city will physically disconnect the building sewer to your building from the sewage system to which it is connected and will red-tag the building located at (here insert address) as "unfit for human occupancy."
Dated .
WASTE MANAGEMENT
SERVICES DEPARTMENT
CITY OF WATERLOO, IOWA
BY:
Superintendent
D. The manner of severance and procedure for disconnection shall be determined by the waste management services department. Upon completion of said disconnection, the administrator shall forward to the occupant of the building by registered mail, return receipt requested, certified mail, or personal service a bill for the cost of making the disconnection, including all costs for labor and materials and a one hundred dollar ($100.00) service charge for city supervision. (Ord. 4482, 5-29-2001)
A. Upon payment to the city of any delinquency in full, plus penalties, plus the cost of the disconnection and the one hundred dollar ($100.00) city supervision fee, and an inspection by the administrator to determine whether the original cause for termination has been corrected, the city will issue a permit for reconnection of the building service line to the POTW. Such reconnection costs, plus inspection fees for the city in accordance with the provisions of this chapter, shall be at the sole expense of the user.
B. Upon reconnection and payment of all costs described above, the city, through its agents, shall remove the red tag from the building and the building shall, so far as the city is concerned, be "fit for human occupancy". (Ord. 4261, 10-6-1997)
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