§ 13.04.697. Permit—Hearing—Suspension.

A.

The director may suspend or revoke an industrial waste discharge permit and terminate the liquid- or water-carried waste service if the permittee:

1.

Violates any condition stated in the permit or provision of this chapter;

2.

Fails to report an accidental discharge of a toxic substance;

3.

Increases the use of process water or attempts to dilute the discharge for the sole purpose of achieving compliance with any other limitations;

4.

Falsifies any report of the wastewater constituents and characteristics;

5.

Tampers with, disrupts, or damages district monitoring and sampling equipment or facilities;

6.

Refuses reasonable access to the SIUs premises for the purpose of inspection or monitoring; or

7.

Fails to pay fees or charges.

B.

Whenever the director finds that any SIU has violated or is violating any provisions of this chapter, the director may serve upon such person a written notice stating the nature of the violation and providing for a reasonable time, not to exceed forty-five days, for the satisfactory correction thereof. The SIU may request a meeting with the director to discuss the violation or the correction schedule. Within forty-five days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. The SIU may request a meeting with the director to discuss the violation or the correction schedule.

C.

If the director finds on the grounds in subsection A. of this section or any other ground for suspension or termination in this chapter, the director shall order such SIU to cease and desist from such conduct and shall determine whether to revoke the permit for the remainder of its term or suspend it for any shorter period according to the severity of the disqualification, its effect on public health, safety, and welfare, and the time during which the disqualification can be remedied, if at all.

D.

Before the hearing required by subsection E. of this section, the director may suspend a permit for up to twenty days, if the director determines that the suspension is necessary to prevent an imminent danger to the public health, safety and welfare. The director may include in the temporary suspension reasonable orders or conditions with which the permittee shall comply to protect the public health and safety. Any breach of such conditions or orders is an independent ground for revocation of the permit.

E.

Except for such emergency suspension authorized by subsection D. of this section, no such suspension or revocation shall be final until the permittee has been given the opportunity for hearing to contest the suspension or revocation.

F.

If, after a hearing, the suspension or revocation is upheld, the director may include reasonable orders for conditions with which the person whose permit has been suspended or revoked shall comply to protect the public health, safety and welfare.

G.

The SIU shall pay all costs and expenses associated with any such suspension and restoration of service.

H.

The POTW shall have authority and procedures (after informal notice to the discharger) immediately and effectively to halt or prevent any discharge of pollutants to the POTW which reasonably appears to present an imminent endangerment to the health or welfare of persons. The POTW shall also have authority and procedures (which shall include notice to the affected industrial users and an opportunity to respond) to halt or prevent any discharge to the POTW which presents or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW. The approval authority shall have authority to seek judicial relief and may also use administrative penalty authority when the POTW has sought a monetary penalty which the approval authority believes to be insufficient.

( Ord. No. 15-16, § 7, 12-18-2015 )