A. The
city may suspend the wastewater treatment service or revoke a wastewater
contribution permit when such suspension or revocation is necessary,
in the opinion of the director, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, to the environment,
causes interference to the POTW or causes the city to violate any
condition of its NPDES permit.
B. Any
person notified of a suspension of the wastewater treatment service
and/or revocation of a wastewater contribution permit shall immediately
stop or eliminate the contribution. In the event of a failure of the
person to comply voluntarily with the suspension order, the director
shall take such steps as deemed necessary including immediate severance
of the sewer connection, to prevent or minimize damage to the POTW
system or endangerment to any individuals. The director shall reinstate
the wastewater contribution permit and/or the wastewater treatment
service only upon proof of the elimination of the nonconforming discharge.
A detailed written statement submitted by the user describing the
causes of the harmful contribution and the measures taken to prevent
any future occurrence shall be submitted to the director within 15
days of the date of occurrence.
(Ord. 1718 § 1, 1983; Ord. 2707 § 4, 1993)
Any user who violates the following conditions of this chapter
or applicable state and federal regulations is subject to having his
permit revoked:
A. Failure
of a user to factually and accurately report the wastewater constituents
and characteristics of his discharge;
B. Failure
of the user to report significant changes in operations, or wastewater
constituents and characteristics;
C. Refusal
of reasonable access to the user's premises for the purpose of inspection
or monitoring; or
D. Violation
of conditions of the permit.
(Ord. 1718 § 1, 1983)
A. Any
violation of this chapter, or the orders, rules, regulations and permits
issued under this chapter, is unlawful and shall be an infraction
or misdemeanor as determined by the city attorney.
B. Any
user in violation of this chapter, or the orders, rules, regulations
and permits issued under this chapter, may be ordered by the director
to cease and desist operations until the violation is cured. Continuance
of operations after notice to cease and desist has been furnished
to user shall be unlawful and an infraction or misdemeanor as determined
by the city attorney. Each day in which any such violation shall continue
shall be deemed a separate offense.
C. The
violation of any of the provisions of this chapter, or the orders,
rules, regulations and permits issued under this chapter, or the doing
of any act prohibited or the failure or omission to do any act required
by this chapter, or the orders, rules, and regulations and permits
issued under this chapter, is a public nuisance and may be enjoined
by the city attorney.
D. If
any violation of this chapter, or the orders, rules, regulations and
permits issued under this chapter, causes damage to the POTW, the
director may seek to recover civil damages from the user causing such
damage.
E. The
director is authorized to levy against any person administrative fines
of up to $10,000.00 per day for each violation of the rules, regulations,
and permits issued under this chapter. The notice shall provide information
as to the reason for the administrative fine and the authority. And
the notice shall also specify the person's right to appeal.
1. The
director shall provide written notice of such levy to the person by
certified mail, user has the right to appeal the administrative action
to the Roseville public utilities commission by filing an appeal with
the city clerk.
2. The
appeal shall be submitted within 20 days of receipt of the notice
and shall be accompanied by a nonrefundable fee as established by
resolution adopted by the city council, as amended from time to time.
3. The
user has the right to appeal the decision of the Roseville public
utilities commission to the city council. The appeal shall be submitted
to the city clerk within 20 days of the decision of the Roseville
public utilities commission and shall be accompanied by a nonrefundable
fee as established by resolution adopted by the city council, as amended
from time to time.
F. The
remedies and provisions of this section are cumulative, and are in
addition to any other remedy or provision of law.
(Ord. 1718 § 1, 1983; Ord. 2134 § 3, 1988; Ord. 2280 § 13, 1989; Ord. 5800 § 47, 2017)
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 who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this chapter, shall, upon
conviction, be guilty of a misdemeanor.
(Ord. 1718 § 1, 1983)