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TITLE 5 PUBLIC UTILITIES AND PROPERTY

CHAPTER 2 SEWER USE

SECTION 5-2-5 ENFORCEMENT PROCEDURES

   
  (A)          Notification of Violation. Whenever the Director finds that any person has violated or is violating this chapter, or any prohibition, limitation or requirement contained herein, he may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty (30) days, for the satisfactory correction thereof.
   
  (B)           Show Cause Hearing. 
  (1)   If the violation is not corrected by timely compliance, the Director may order any person who causes or allows an unauthorized discharge to show cause before the City Council why service should not be terminated. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the City Council regarding the violation, and directing the offending party to show cause before the City Council why an Order should not be made directing the termination of service. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.
  (2)   The City Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the City Council to:
  a.   Issue in the name of the City Council notice of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearing.
  b.   Take the evidence.
  c.   Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.
  (3)   At any public hearing, testimony taken before the City Council or any person designated by it, 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 therefore.
  (4)   After the City Council has reviewed the evidence, it may issue an Order to the party 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 or existing treatment facilities, devices or other related appurtenances are properly operated, and such further orders and directives as are necessary and appropriate. 
   
  (C)          Emergency Suspension of Service. The Director may for good cause shown suspend the wastewater treatment service to a user when it appears to the Director that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interfere with the operation of the wastewater treatment system, or violate any pretreatment limits imposed by this chapter. Any user notified of the suspension of the Authority's wastewater treatment service, shall within a reasonable period of time, as determined by the Director, cease all discharges. In the event of failure of the user to comply voluntarily with the suspension order within the specified time, the Director and City Attorney shall commence judicial proceedings immediately thereafter to compel the user's compliance with such order. The Director shall reinstate the wastewater treatment service and terminate judicial proceedings pending upon proof by the
  discharger of the elimination of the non-complying discharge of conditions creating the threat of imminent or substantial danger as set forth above.
   
  (D)          Legal Action. Any discharge in violation of the substantive provisions of this chapter or an Order of the City Council shall be considered a public nuisance. If any person discharges sewage, industrial wastes or other wastes into the City treatment system contrary to the substantive provisions of this chapter or any Order of the City Council, the City Attorney shall commence an action for appropriate legal and/or equitable relief in the District Court of this County.
   
  (E)           Revocation of Treatment Services. The Director may seek to terminate the wastewater treatment services to any user which fails to (i) report significant changes in wastewater constituents or characteristics; (ii) refuses reasonable access to the user's premises by representatives of the Director for the purpose of inspection or monitoring; or (iii) violates the conditions of chapter, or any final judicial order entered with respect thereto.