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Ord 2003-050
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Ord 2003-050
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Last modified
6/2/2008 1:40:06 PM
Creation date
11/10/2003 4:53:39 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
2003-50
Date
8/25/2003
Volume Book
153
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compliance schedules; stipulated damages or remedial actions; and signatures of authorized <br />representatives for both parties. The signing of a consent order is neither an admission of <br />liability for purposes of civil litigation nor a plea for purposes of criminal prosecution. <br /> <br />(e) Show cause order. The director may issue a show cause order to any user who causes or <br />allows an illegal or unauthorized discharge to enter the city's sewer system. A notice shall be <br />serviced on the user to show cause before the director as to why the proposed enforcement action <br />should not be taken. The notice shall state the time and place of a hearing to be held by the <br />director regarding the violation, the proposed enforcement action, and the reasons for the <br />proposed action. The notice shall be served personally or by certified mail (return request) at <br />least ten (10) days before the hearing. Service may be made on any agent or officer of a <br />corporation. A show cause hearing shall not be a bar against, or a prerequisite for, talcing any <br />other action against the user. <br /> <br />(f) Compliance orders. A compliance order is a unilateral order by the city directing a user to <br />achieve or restore compliance by a specified date. A compliance order shall document the <br />noncompliance and state required actions to be accomplished by specific dates, including interim <br />and final reporting requirements. Failure of a user to meet the requirements under a compliance <br />order may be addressed by a show cause order or other remedies. <br /> <br />(g) Emergency suspensions. Any user or other person notified of an emergency suspension of <br />its wastewater treatment service, user permit, or both, shall immediately stop or eliminate its <br />discharges into the city's sewer system. In the event a person notified of an emergency <br />suspension fails to immediately comply with an emergency suspension notice, the person is <br />subject to immediate severance of the sewer counection to prevent or minimize damage to the <br />POTW, its receiving stream, or endangerment to any individuals. An emergency suspension <br />shall be lifted when the endangenuent has passed unless tenuination procedures against the user <br />are pending. <br /> <br />(h) Termination ofpermit. A user who violates the terms of its user permit, a provision of this <br />division, an administrative order issued under this division, or any applicable State or Federal <br />law is subject to permit termination. Examples of grom~ds for ternfination include the following: <br />Violation of permit conditions; failure to accurately repml the wastewater constituents and <br />characteristics of its discharge; failm'e to report significant changes in operations or wastewater <br />constituents and characteristics; and refusal of reasonable access to the user's premises for the <br />purpose of inspection, monitoring, or sampling. <br /> <br />Sec. 86.119. Noncompliance notification and procedure. <br /> <br />(a) Each noncompliance with local, state and federal regulations may result in the industry <br />receiving a written notice of violation that will include a designated timeframe for response fi'om <br />the industry. A written response from the industt3, must be submitted for each notice of violation <br />within 15 days of receipt. <br /> <br />(b) The city has developed an enforcement response guide, which details the sequence of action <br /> <br />14 <br /> <br /> <br />
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