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The owner or operator of an FSE shall:
A. Provide, operate and maintain, at its expense, safe and accessible monitoring facilities (such as a suitable manhole), and shall make such monitoring facilities available for inspection, and for sampling and flow measurement of the building sewer or internal drainage systems. There shall be ample room in or near such monitoring facility to allow accurate sampling and preparation of samples for analysis.
B. Allow personnel authorized by the superintendent, bearing proper credentials and identification, to enter upon or into any building, facility or property housing an FSE at any reasonable time and without prior notification, for the purpose of inspection, observation, measurement, sampling, testing or record review, in accordance with this article.
C. Open any grease interceptor, upon request by the superintendent's authorized representative, for the purpose of confirming that maintenance frequency is appropriate, that all necessary parts of the installation are in place, including, but not limited to, baffles influent and effluent tees, and that all grease interceptors and related equipment and piping is maintained in efficient operating condition.
D. Accommodate compliance inspections and sampling events by the authorized representatives of the superintendent. Staff may conduct routine inspections and sampling events of any FSE. Nonroutine inspection and sampling events shall occur more frequently when there is a history of noncompliance with this article and when blockages occur in the city's sanitary sewer system downstream of the FSE.
E. Be responsible for all cleaning and recordkeeping associated with the FOG program. If during any inspection the city determines the records of the FSE or waste hauler are deficient or have been falsified, the FSE and/or the waste hauler may be subject to enforcement actions or other available remedies in accordance with other sections of this article. (Ord. 5256, 11-24-2014)
The fees for inspection of an FSE shall be as provided in section 8-3A-3 of this chapter, or as otherwise set by resolution of the city council, and shall be paid within thirty (30) days of the date of the invoice for such fees. (Ord. 5256, 11-24-2014)
A. The superintendent, or such other designated officers or officials with enforcement authority as provided in section 8-3E-12 of this article, are authorized to issue a notice of violation imposing an administrative penalty upon any person who fails to perform an act required by this article or who commits an act prohibited by this article. Such notice may include a corrective action order requiring the user to take one or more of the following corrective actions within thirty (30) days:
1. Conform to best management practices;
2. Submit copies of the grease interceptor maintenance log;
3. Develop, submit and implement a FOG compliance plan to be approved by the superintendent or designated enforcement official; or
4. Install a compliant grease interceptor or other grease removal facilities.
B. The administrative penalty for such violations shall be as provided in the schedule of administrative penalties adopted by the city council by resolution. Notice of violation, with the applicable penalty for such violation noted thereon, shall be issued to and served upon the violator by regular mail or by delivery in person. Delivery shall be deemed to occur upon delivery in person or two (2) business days after mailing. Penalties assessed pursuant to notice of violation shall be paid in full by the violator as directed in the notice within thirty (30) days of its issuance.
C. The administrative penalties set out in the schedule of administrative penalties shall be charged in lieu of the fines and penalties provided for in section 8-3E-14 of this article, unless the violator refuses to correct the violation and pay the scheduled administrative penalty, or the superintendent determines that immediate enforcement action by misdemeanor or municipal infraction prosecution is, in view of the particular circumstances of the case, necessary to achieve compliance with the requirements of this article. A record of all violations, administrative penalties charged or other enforcement actions taken shall be maintained by the superintendent for a minimum period of three (3) years.
D. A person subject to a corrective action order may make a written request to the superintendent for a reconsideration and hearing on the order within ten (10) days from the date of delivery of the order. The process for such reconsideration and hearing shall be the same as that set forth for reconsideration and hearing of a cease and desist order set forth in section 8-3E-15 of this article. (Ord. 5256, 11-24-2014)
A. Any person who fails to perform an act required by this article or who commits an act prohibited by this article shall be guilty of a misdemeanor punishable by fine or imprisonment as set forth in section 1-3-1 of this code or shall be guilty of a municipal infraction punishable by a civil penalty as provided by section 1-3-2 of this code.
B. Any person who fails to comply with a pretreatment standard applicable to an FSE shall be guilty of a municipal infraction punishable by a civil penalty of not more than one thousand dollars ($1,000.00) for each day the violation exists or continues, as provided by section 364.22 of the Iowa Code.
C. When enforcement is sought through a municipal infraction proceeding, the superintendent, or such other designated officers or officials with enforcement authority as provided in section 8-3E-12 of this article, may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period specified by the order. (Ord. 5256, 11-24-2014)
A. Where a violation of this article has not been timely corrected, and results in or threatens interference or pass- through as herein defined, the superintendent, or such other designated officers or officials with enforcement authority as provided in section 8-3E-12 of this article, shall have the authority to issue an order in writing to the owner or operator of the FSE, ordering such person or persons to cease and desist from further operation of the FSE and from further discharge of wastewater to the sanitary sewer system. The order shall be delivered by personal service unless the owner or operator cannot be found within the city, in which event notice shall be by ordinary mail addressed to the owner's or operator's last known address and by posting a copy of the notice in a conspicuous place upon the premises of the FSE. Delivery shall be deemed to occur upon delivery in person or two (2) business days after mailing.
B. Operation of the FSE shall cease on the date stated in the order and shall not recommence without the prior written approval of the superintendent.
C. A person subject to a cease and desist order may make a written request to the superintendent for a reconsideration and hearing on the cease and desist order within ten (10) days from delivery of the order, provided, however, that operation of the FSE shall cease pending the outcome of the hearing.
D. The owner's or operator's request for hearing shall identify the appealing party, include the address of the person requesting the hearing and to which all further notices shall be mailed or served, and shall state the basis for the appeal.
E. The hearing shall be scheduled to be held as soon as practicable and no later than fourteen (14) days after the request for hearing was filed with the superintendent. The person requesting the hearing shall be notified in writing or by telephone of the date and place of such hearing at least three (3) days in advance thereof. At such hearing the superintendent and the person requesting the hearing may be represented by counsel, examine witnesses, and present evidence as necessary.
F. The determination by the superintendent that the violation occurred shall be considered a final administrative decision, unless appealed as provided in this article. (Ord. 5256, 11-24-2014)
A. Any person aggrieved by a corrective action order or a cease and desist order issued by the superintendent, or by such other designated officers or officials with enforcement authority as provided in section 8-3E-12 of this article, may file an appeal and request a ruling that such order be modified or rescinded.
B. An appeal request must be filed with the city clerk, and an administrative fee as set forth in section 8-3A-3 of this chapter paid, within ten (10) days of the date of delivery of the order. Failure to file the appeal and pay the administrative fee within said ten (10) days shall constitute a waiver of the right to a hearing, and the order of the superintendent or other enforcement authority shall thereupon become final. Hearing on the appeal before the city council, or its designated committee consisting of no less than three (3) persons, shall be scheduled for a date within twenty one (21) days of filing the appeal and shall be scheduled for no more than thirty (30) minutes in length, or such additional time as the city council or committee in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council or committee at least seven (7) days prior to the hearing date. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council or committee may consider any evidence it considers credible, including testimony of city employees, written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing the city council or committee shall affirm, modify or rescind the order. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof. (Ord. 5256, 11-24-2014)
The superintendent or the city is not precluded from seeking alternative relief from the court, including an order for abatement or injunctive relief or for recovery of investigational or remedial costs resulting from a noncomplying discharge, in the event that the superintendent or the city files a misdemeanor citation, notice of administrative penalty, and/or files a municipal infraction for the same violation of this article. (Ord. 5256, 11-24-2014)
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