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<br />(11) <br /> <br />(12) <br /> <br />(b) <br /> <br />The user shall be required to submit to the Director or <br />his designated representative, a written report <br />describing the cause of the discharge and the measures <br />taken by the user to prevent similar future <br />occurrences. This letter must be postmarked within <br />five (5) working days of the detection of the <br />accidental discharge. <br /> <br />This notification shall not relieve the user of any <br />expense, loss, damage, or other liability which may be <br />incurred as a result of damage to the wastewater <br />treatment plant, the environment, or any other damage <br />to person or property; however, immediate and written <br />notification shall relieve the user of fines (only) <br />which may be imposed by this Ordinance. <br /> <br />Failure to notify the Director of an accidental discharge <br />shall result in legal action and/or discontinuation of <br />utility service. <br /> <br />Procedure for Hearing of Appeals. <br /> <br />(a) <br /> <br />Any person aggrieved by an interpretation of this <br />Ordinance or by any decision or ruling of the Director <br />under this Ordinance shall have the right to make an <br />appeal to the City Council. The appeal shall be <br />perfected by giving a written notice containing the <br />following information to the City Secretary within <br />fifteen (15) days of the issuance of the decision or <br />ruling of the Director: <br /> <br />( 1 ) <br /> <br />The name <br />appeal. <br /> <br />and address of the <br /> <br />making <br /> <br />the <br /> <br />person <br /> <br />( 2) <br /> <br />The facts surrounding the particular <br />refusal to make a ruling. <br /> <br />ruling <br /> <br />or <br /> <br />( 3) <br />(4 ) <br /> <br />The ruling, if any, of the Director. <br /> <br />The reasons why such ruling should be set aside <br />or, if the ruling was refused, why such ruling <br />should be made. <br /> <br />(b) <br /> <br />The persons making the appeal shall send copies of <br />appeal to the Director and to the City Attorney. <br /> <br />the <br /> <br />(c) <br /> <br />Within a period of thirty (30) days from the filing of <br />the appeal the City Council, shall hear the appeal, <br />together with the testimony of all parties concerned <br />and make a statement of fact within ten (10) days <br />thereafter. In hearing the appeal, the City Council <br />shall not consider waiving or setting aside the <br />requirements of this Ordinance but shall only consider <br />the proper interpretation of its provisions. <br /> <br />Emergency Discharge. If a person who is required to <br />pretreat his or her waste pursuant to this Ordinance has an <br />emergency beyond his or her control that effects his or her <br />pretreatment program and/or facility and may cause his or <br />her effluent to be in violation of the Industrial Waste <br />Permit, she/he may appeal to the Director for an Emergency <br />Discharge Permit. Before the Director may issue an <br />Emergency Discharge Permit, the person shall submit plans <br />and a compliance schedule showing what methods will be used <br />to bring the discharge into compliance with the Industrial <br />Waste Permit and when this will be done. An Emergency <br />Discharge Permit shall not be issued for longer than thirty <br />(30) days and may be renewed only after a new application <br />has been made. An accidental discharge does not require an <br />Emergency Discharge Permit unless it was caused by a <br />failure of the pretreatment facility and the failure is of <br />a permanent nature. <br /> <br />-15- <br />