(A) Termination or limitation of services. The city may terminate
or limit the wastewater treatment service, a wastewater discharge
permit, and municipal water service, when the termination or limitation
is necessary to stop an actual or threatened discharge which presents
or may present an imminent or substantial threat to the health or
welfare of persons or the environment, causes interference or damage
to the POTW, or causes the city to violate any condition of the NPDES
permit.
(B) Notice of termination or limitation. Written notice of the termination or limitation shall be given in accordance with §
52.071, and shall specify the date when the termination or limitation is to be effective.
(C) Response to order. Any person notified of a termination
or limitation of the wastewater treatment service or the wastewater
discharge permit shall immediately stop or limit the contribution.
In the event of a failure of the person to comply voluntarily with
the termination or limitation order, the city shall take such steps
as deemed necessary, including immediate severance of the sewer connection
and termination of municipal water service.
(1993 Code, § 3-2.6.1; Ord. 578, passed 3-4-1991)
Notice required by this chapter shall be considered adequate
when mailed first class to the address provided by the applicant sewer
user and customarily used for billing. This does not preclude the
city from using other forms of notification or providing notice to
a property owner of record in addition to the above notice.
(1993 Code, § 3-2.6.2; Ord. 578, passed 3-4-1991)
Notices of termination of service shall provide a statement
indicating a 14-day period, prior to termination, to appeal the action.
(1993 Code, § 3-2.6.3; Ord. 578, passed 3-4-1991)
All users subject to this chapter shall retain and preserve
for no less than 3 years, any records, books, documents, memoranda,
reports, correspondence, and any and all summaries thereof, relating
to monitoring, sampling, and chemical analysis made by or on behalf
of a discharger in connection with its discharge.
(1993 Code, § 3-2.6.4; Ord. 578, passed 3-4-1991)
Any person who knowingly makes 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 permit, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this chapter, shall
be in violation of this chapter.
(1993 Code, § 3-2.6.5; Ord. 578, passed 3-4-1991)
Any person, or persons, who unlawfully, maliciously, willfully,
or as the result of gross negligence on his, her, or their part, break,
damage, destroy, uncover, deface, or tamper with any structure, facility,
appurtenance, or equipment which is a part of the sanitary sewer system
of the city, shall be in violation of this chapter.
(1993 Code, § 3-2.6.6; Ord. 578, passed 3-4-1991)
(A) The
city and its officers, agents, or employees shall not be answerable
for any liability or injury or death to any person or damage to any
property arising during or growing out of the performance of any work
by any user. The user shall be answerable for, and shall save the
city and its officers, agents, and employees harmless from any liability
imposed by law upon the city or its officers, agents, or employees,
including all costs, expenses, fees, and interest incurred in defending
same or in the performance of his or her work or any failure which
may develop therein.
(B) Any
person or persons who, as the result of violating any of the provisions
of this chapter, cause any expenses, loss, or damage to the city,
shall immediately become liable to the city for the full sum of the
expense, loss, or damage. The Council may, at its discretion, instruct
the City Attorney to proceed against any such person or persons, in
any court of competent jurisdiction, in a civil action to be brought
in the name of the city, for the recovery of the full sum of any such
expense, loss, or damage sustained by the city.
(1993 Code, § 3-2.6.8; Ord. 578, passed 3-4-1991)