28 - Article III Chapter 34 Wastewater Discharge and Disposal Revisions

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user. This thirty (30) day period does not relieve the user of any liability for damages, fees, and other costs incurred by the city due to the user's violation. Sec. 34-83. - Harmful contributions. (a) The supervisor, with the recommendation of the city engineer and with the consent of the city manager, may order suspension of the water and/or wastewater treatment service and/or revoke wastewater contribution permit when such suspension or revocation is necessary, in the opinion of the supervisor, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or the welfare of persons or the environment, cause interference to the POTW, or cause the city to violate any NPDES or TPDES permit condition. (b) Any person notified of an order to suspend the water and/or the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. If such person fails to comply voluntarily with the suspension order, the city shall take such steps as deemed necessary including immediate suspension of water and/or wastewater treatment service, to prevent or minimize damage to the POTW system or endangerment to any individuals. The supervisor may rescind a suspension order, if the harmful contribution is immediately and voluntarily stopped and the supervisor has reason to believe it will not recur. The city shall reinstate the wastewater contribution permit and/or the water and/or wastewater treatment service upon proof of the elimination of the noncompliant discharge. (c) 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 city within fifteen (15) days of the date of the occurrence. Sec. 34-84. - Show cause hearing. (a) In the event of repeated unauthorized discharges, failure to meet a compliance schedule or any repeated violations of this article by a user, the supervisor, with the consent of the city manager and the approval of the city attorney, may order any user to show cause why a 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 regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause why the proposed action should not be taken. The notice of 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 authorized representative of an industrial user. (b) The city council shall appoint an attorney licensed and actively practicing law in the state as hearing examiner, to perform the following functions: Page 26 of 45