§ 102-90. Enforcement.

(a)

The city may suspend the wastewater treatment service and an industrial wastewater discharge permit when such suspension is necessary, in the opinion of the director of utilities, in order to stop an actual or threatened discharge which represents or may present an imminent or substantial danger to the health or welfare of persons, to the environment or which causes interference to a POTW or causes the violation of any condition of an NPDES permit. Service may also be suspended when the city finds that facilities have been connected to its sewer system without prior approval from the city for the connection.

(b)

Any person notified of a suspension of the wastewater treatment service or the industrial wastewater discharge permit shall immediately stop or eliminate the discharge. If the person fails to voluntarily comply with the suspension order, the city shall take such steps as deemed necessary, including immediate severance of the sewer connection and water connection, to prevent or minimize damage to the POTW system or endangerment of any individual. The city may reinstate the industrial wastewater discharge permit, the water service and 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 discharge and the measures taken to prevent any future occurrence shall be submitted to the director of utilities within 15 days of the date of occurrence.

(c)

Any user who violates the following conditions or applicable local, state and federal laws, regulations and case decisions is subject to having his permit revoked in accordance with the procedures outlined in section 94-41(b)—(d) and (f):

(1)

Failure of a user to factually report the wastewater constituents and characteristics of his 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)

Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts;

(5)

A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge; or

(6)

Violation of conditions of the permit.

(d)

As required by EPA pretreatment regulations, the city shall provide public notification of industrial waste discharges which, during the previous 12 months, were significantly violating the city ordinances or the industrial wastewater discharge permit conditions. Notification will be made by publishing the names of the industrial users and facilities responsible for the violations in the largest daily newspaper published in the county. A significant violation is defined as a violation which:

(1)

Remains uncorrected for 45 days after notification of noncompliance;

(2)

Is part of a pattern of noncompliance over a 12-month period;

(3)

Involves a failure on the part of the discharger to accurately report noncompliance; or

(4)

Requires the city to exercise its authority to require emergency suspension of service to a discharger.

(Code 1960, § 22-7.1; Ord. No. 2988-15 , § 2(Exh. A), 2-9-15)