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)