Part 4 — ENFORCEMENT

7956. • INVESTIGATION OF COMPLAINTS. CORRECTION OF VIOLATIONS.

Notwithstanding any exception mentioned in this Chapter, the Director shall promptly investigate every complaint charging violation of any of the provisions of this Chapter, and shall take action to correct any violation discovered.

7957. • DEPOSITS CREATING MENACE TO PUBLIC HEALTH. NOTICE.

When the Director finds that industrial waste or effluent, or any other material, is being discharged or deposited in such manner as to create a menace to the public health, he may serve notice of violation upon the person owning or operating the premises, describing the conditions, and requiring the prompt correction thereof.

7958. • NOTICE OF VIOLATION.

(a)

The Director may serve notice of violation upon the person owning or operating premises describing the conditions and requiring prompt correction thereof, when he finds that:

(1)

Industrial waste, effluent or any other material is being maintained, discharged or deposited in such a manner as to create, or if allowed to continue will create, any one or more of the following conditions:

(A)

A public nuisance,

(B)

A menace to the public safety,

(C)

Pollution of underground or surface waters,

(D)

Adverse effect or damage to the public sewer system, or any storm drain, channel, or public or private property; or that:

(2)

The permittee has failed to conform with conditions or limitations of any permit issued in accordance with this Chapter;

(3)

The industrial waste disposal permit was issued in error, or on the basis of incorrect information supplied, or in violation of any ordinance, law or regulation.

(b)

Failure to comply with such notice shall constitute a wilful violation of this Chapter.

7959. • SUSPENSION OF PERMIT. CONDITIONS.

When the conditions described in Section 7043 are so aggravated that immediate cessation of operation is necessary and the Director so finds, he shall suspend the permit. He shall serve notice of such suspension on the permittee. The Director may also suspend a permit if objectionable conditions listed in a notice to correct, served in accordance with Section 7043, are not corrected within the time specified in such notice.

7960. • SUSPENSION OF PERMIT. NOTICE.

The Director shall immediately notify the permittee of suspension of permit or make a recommendation to the City Council that such permit be revoked, or both.

7961. • DISCONTINUANCE OF DISCHARGE OR DEPOSIT REQUIRED.

A person whose permit has been suspended or revoked, or who has been notified of violation, as provided in this Chapter, shall immediately discontinue the deposit or discharge of industrial waste, wastewater or effluent, or use of any described facility, and shall not resume such deposit or discharge, or use of the described facility, until the permit has been modified or reinstated, or both, by the Director or Council as hereinafter provided. Failure so to do shall constitute wilful violation of this Chapter.

7962. • RIGHTS OF PERMITTEE. NOTICE OF VIOLATION OR SUSPENSION.

Within the time specified in the notice of violation or suspension, the permittee shall:

(a)

Correct and remedy the conditions so specified, to the satisfaction of the Director; or

(b)

File with the Council a denial that all of the conditions so specified exist, request a public hearing, and correct the conditions which the permittee admits do exist; or

(c)

File with the Council a denial that any of the conditions so specified exist and request a public hearing.

7963. • REINSTATEMENT OF SUSPENDED PERMIT.

The Director shall reinstate a suspended permit when all violations are corrected and all fees required by this Chapter have been paid.

7964. • NOTICE REQUIREMENTS.

Within thirty (30) days after a permittee has requested a public hearing pursuant to this Part, the City Clerk shall give notice of the time and place of the public hearing to the permittee, the Director and the County Health Officer when matters pertaining to public health are involved, at least ten (10) days in advance of the date set for such hearing.

7965. • HEARING BY CITY COUNCIL.

After a public hearing under this Part, at which the permittee may present evidence, the City Council may take any of the following actions:

(a)

Continue the suspension of the permit pending correction of objectionable conditions by the permittee;

(b)

Reinstate the permit conditioned upon the correction of objectionable conditions by the permittee within a specific time;

(c)

Deny that objectionable conditions exist and reinstate the suspended permit;

(d)

Revoke the suspended permit on any of the following grounds:

(1)

Failure of the permittee to correct conditions as required by the Director,

(2)

Conditions which would justify the denial of a permit,

(3)

Fraud or deceit was employed in the obtaining of a permit,

(4)

Any other violation of this Chapter or of any permit, license or exception granted hereunder.

7966. • DISCONNECTION FOLLOWING PERMIT REVOCATIONS.

If a permit is revoked, the Director may disconnect from the public sewer system any connection for the discharge of industrial waste that was connected to the public sewer system pursuant to such permit.

7967. • PUBLIC NOTIFICATION OF SIGNIFICANT VIOLATIONS.

At least annually, the Director may provide public notification, in the largest daily newspaper published in the municipality in which a POTW is located, of industrial users of the POTW which, during the previous twelve (12) months, were significantly violating applicable pretreatment standards or other pretreatment requirements, as provided in 40 CFR 403.8. The Director need not provide such notification if a notice meeting all applicable EPA requirements has been published by the POTW operator. The cost of such public notification shall be collected by the Director from the discharger causing such violation and/or notification.