A.
The municipality may suspend the wastewater treatment
service and/or a wastewater contribution permit when such suspension
is necessary, in the opinion of the municipality, in order to stop
an action or threatened discharge which presents or may present an
imminent or substantial endangerment to the health or welfare of persons
or to the environment or causes interference to the POTW or causes
the municipality to violate any condition of its NPDES permit. The
municipality is also authorized to issue an order to cease and desist
and to direct those persons not complying with such prohibitions,
limits, requirements or provisions of the law or the wastewater discharge
permit to:
B.
Any person notified of a suspension of the wastewater
treatment service and/or the 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 municipality 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
municipality shall reinstate the wastewater contribution permit and/or
the wastewater treatment service upon proof of the elimination of
the noncomplying 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 municipality within 15 days of the date of occurrence.
A.
The municipality may revoke any wastewater discharge
permit or terminate or cause to be terminated wastewater service to
any premises if a violation of any provision of this chapter is found
to exist or if a discharge of wastewater causes or threatens to cause
a condition of contamination or pollution as defined in this chapter.
B.
Any user who violates the following conditions of this Part 4 or applicable state and federal regulations is subject to having his/her permit revoked in accordance with the procedures of Article XXI of this Part 4:
(1)
Failure of a user to factually report the wastewater
constituents and characteristics of his/her discharge.
(2)
Failure of the user to report significant changes
in operations or wastewater constituents and characteristics.
(3)
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring.
(4)
Violation of conditions of the permit.
Whenever the municipality finds that any user
has violated or is violating this chapter, its wastewater contribution
permit or any prohibition or limitation of requirements contained
herein, the municipality may serve upon such person a written notice
stating the nature of the violation. Within 30 days of the date of
the notice, a plan for the satisfactory correction thereof shall be
submitted to the municipality by the user.
A.
The municipality may order any user who causes or
allows an unauthorized discharge to show cause before the Municipal
Board 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 Municipal Board regarding the violation, the reasons
why the action is to be taken and the proposed enforcement action
and directing the user to show cause before the Municipal Board 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 10 days before the hearing.
Service may be made on any agent or officer of a corporation.
B.
The Municipal Board may itself conduct the hearing
and take the evidence or may designate any of its members or any officer
or employee of the Municipal Engineer's Department to:
(1)
Issue, in the name of the Municipal Board, notices
of hearings requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in such
hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations, to
the Municipal Board for action thereon.
C.
At any hearing held pursuant to this Part 4, 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 Municipal Board 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 on existing treatment facilities, devices
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued.
If any person discharges sewage, industrial wastes or other wastes into the municipality's wastewater disposal system contrary to the provisions of this Part 4, federal or state pretreatment requirements or any order of the municipality, the Municipal Attorney may commence an action for appropriate legal and/or equitable relief in the Supreme Court of this county.
