When the director of public works finds that a user has violated,
or continues to violate, any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the director of public works may serve upon
that user a written notice of violation. Within the time frame specified
in the notice, which is usually, but not always ten days, an explanation
of the violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall be submitted
by the user to the director of public works. Submission of this plan
in no way relieves the user of liability for any violations occurring
before or after receipt of the notice of violation. Nothing in this
section shall limit the authority of the director of public works
to take any action, including emergency actions or any other enforcement
action, without first issuing a notice of violation.
(Ordinance 1574, § 1, 2-11-03)
(a) The
city may order any user who causes or allows an unauthorized discharge
to enter the POTW to show cause before the city council why the proposed
enforcement action should not be taken. A notice shall be served on
the user specifying the time and place of a hearing to be held by
the city council regarding the violation, the reasons why the action
is to be taken, the proposed enforcement action, and directing the
user to show cause before the city council why the proposed enforcement
action should not be taken. The notice of the hearing shall be served
personally or by registered or certified mail, return receipt requested,
at least ten days before the hearing. Service may be made on any agent
or officer of a corporation.
(b) The
city council may itself conduct the hearing and take the evidence
or may designate any of its members or any officer or employee of
the assigned department to:
(1) Issue in the name of the city council notices of hearings requesting
the attendance and testimony of witnesses and the production of evidence
relevant to any matter involved in such hearings.
(3) Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the city council
for action thereon.
(c) At
any hearing held pursuant to this article, testimony taken must be
under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the usual charges thereof.
(d) After
the city council has reviewed the evidence, it may issue an order
to the user responsible for the discharge directing that, following
a specified time period, the sewer service be discontinued unless
adequate treatment facilities, devices or other related appurtenances
shall have been installed or existing treatment facilities, devices
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued.
(Ordinance 1574, § 1, 2-11-03)
When the director of public works finds that a user has violated,
or continues to violate, any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the director of public works may issue an
order to the user responsible for the discharge directing that the
user come into compliance within a specified time. If the user does
not come into compliance within the time provided, sewer service may
be discontinued unless adequate treatment facilities, devices, or
other related appurtenances are installed and properly operated. Compliance
orders also may contain other requirements to address the noncompliance,
including additional self-monitoring and management practices designed
to minimize the amount of pollutants discharged to the sewer. A compliance
order may not extend the deadline for compliance established for a
pretreatment standard or requirement, nor does a compliance order
relieve the user of liability for any violation, including any continuing
violation. Issuance of a compliance order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
(Ordinance 1574, § 1, 2-11-03)
When the director of public works finds that a user has violated,
or continues to violate, any provision of this article, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, or that the user’s past violations
are likely to recur, the director of public works may issue an order
to the user directing it to cease and desist all such violations and
directing the user to:
(1) Immediately
comply with all requirements; and
(2) Take
such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation, including halting
operations and/or terminating the discharge.
Issuance of a cease and desist order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
|
(Ordinance 1574, § 1, 2-11-03)
The director of public works may immediately suspend a user’s
discharge, after informal notice to the user, whenever such suspension
is necessary to stop an actual or threatened discharge which reasonably
appears to present or cause an imminent or substantial endangerment
to the health or welfare of persons. The director of public works
may also immediately suspend a user’s discharge, after notice
and opportunity to respond, that threatens to interfere with the operation
of the POTW, or which presents, or may present, an endangerment to
the environment.
(1) Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the director of public works may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The director of public works may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the director of public works that the period of endangerment has passed, unless the termination proceedings in section
86-148 are initiated against the user.
(2) A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the director of public works prior to the date of any show cause or termination hearing under sections
86-143 or
86-148.
Nothing in this section shall be interpreted as requiring a
hearing prior to any emergency suspension under this section.
|
(Ordinance 1574, § 1, 2-11-03)
In addition to the provisions in section
86-124, any user who violates the following conditions is subject to discharge termination:
(1) Violation
of wastewater discharge permit conditions;
(2) Failure
to accurately report the wastewater constituents and characteristics
of its discharge;
(3) Failure
to report significant changes in operations or wastewater volume,
constituents, and characteristics prior to discharge;
(4) Refusal
of reasonable access to the user’s premises for the purpose
of inspection, monitoring, or sampling; or
(5) Violation
of the pretreatment standards in Division 2.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under section 86-143 why the proposed action should not be taken. Exercise of this option by the director of public works shall not be a bar to, or a prerequisite for, taking any other action against the user.
|
(Ordinance 1574, § 1, 2-11-03)