Skip to main content
Loading…
This section is included in your selections.

(A) The Director may issue a Cease-and-Desist Order to any User that has violated, or continues to violate, any provision of this chapter; a wastewater discharge permit or compliance order; or any other pretreatment standard or requirement. The Cease-and-Desist Order may direct the User to immediately comply with pretreatment standards and requirements and to take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.

(B) The Cease-and-Desist Order will be served personally or by registered or certified mail (return receipt requested). Issuance of a Cease-and-Desist Order will not be a bar against, or a prerequisite for, taking any other action against the User.

(C) Termination or suspension of waste or wastewater service may be an appropriate response to facilities that have not complied with previous enforcement actions. This action is an administrative response, which may be implemented by the Director without initiating civil and/or criminal proceedings.

(D) Circumstances warranting termination or suspension of water or wastewater services include any of the following:

(1) Unpermitted discharge which results in violation of POTW permit(s);

(2) Any dangerous situation threatening human health, the environment, or the POTW;

(3) Discharges that exceed local limits or categorical discharge limits and/or result in damage to the environment or the POTW;

(4) Slug loads that result in interference, pass-through, or which may cause any dangerous situation threatening human health, the environment, or the POTW;

(5) Failure of the facility to notify the Director of effluent violations of slug load discharge, or recurring slug loads, that causes any dangerous situation threatening human health, the environment, or the POTW;

(6) Failure of the facility to install monitoring equipment as required by an Administrative Order; and/or

(7) Any major violation of permit conditions or administrative action accompanied by evidence of negligence or intentional violation.

(E) The process for terminating or suspending a User’s water or wastewater service is described below:

(1) The User will be provided written notification of the proposed termination or suspension, the basis for the proposed action and the date for the show cause meeting as provided in this chapter.

(2) If the User appears to have an actual or threatened discharge that may cause interference with the POTW or will present an imminent endangerment to the health, safety or welfare of any person or environment, or to the environment or pass-through interference, or upset to the POTW, the Director may immediately suspend any sewer service connection to the POTW without a Show Cause meeting. In such cases, the User will be entitled to a meeting within five calendar days of the suspension/termination.

(3) Service will be restored only after compliance has been achieved to the satisfaction of the Director.

(F) When notified of a termination or suspension of services, the user shall cease discharge of all industrial wastewater to the POTW.

(G) In the event of a failure of the User to comply voluntarily with the notification of service termination or suspension, the Director shall take such steps as necessary to insure compliance up to and including termination of service by court order or physical barrier.

(H) The Director shall, by written statement, reinstate the user’s services upon proof of satisfactory compliance with all requirements of the notification of permit suspension/termination. Damages and costs incurred by the City, and administrative fee, in suspending, disconnecting and/or reconnecting the User shall be paid for by the user before reinstatement of services. (Ord. 14-1290, passed 3-3-2014; Am. Ord. 23-1584, passed 9-25-2023)