§ 41-74. Authority to disconnect service.

(a)

Causes for termination of water and wastewater disposal service. In the following situations, the director may terminate water service and wastewater disposal service and immediately disconnect an industrial user from the system:

(1)

When the industry releases to the sewer any acids, alkalis, or other chemicals damaging to sewer lines or treatment processes.

(2)

When the industry is in violation of this chapter.

(3)

When any governmental agency or the TRA informs the city that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a water course and the director finds that the industry is delivering wastewater to the city's public sewer system that significantly negatively impacts TRA's facility. The industry's water and wastewater lines may be disconnected when the city is informed by TRA that the effluent can no longer be discharged to a water course. The industry's water and wastewater treatment service may remain disconnected until such time as the industry has provided additional pretreatment facilities designed to remove the objectionable characteristics or pollutants from its industrial wastes.

(4)

When the industry delivers its wastewater at an uncontrolled, variable rate insufficient quantity that it causes an imbalance in the wastewater treatment system.

(5)

If false information is transmitted to the director through permit applications, monitoring reports or other reports required under a city, state, or federal pretreatment program.

(6)

Violation of wastewater discharge permit conditions;

(7)

Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; or

(8)

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling.

(9)

Failure of an industry to pay monthly bills for water and/or sanitary sewer services when due, including sampling cost, or failure to pay the established surcharge for industrial waste when due.

(10)

In other cases of emergency, when necessary to protect the general health, safety or welfare of persons.

(b)

Right to disconnect. The director's right to disconnect any industry from city services for the above reasons does not interfere with or negate the city's right to seek other available legal remedies including but not limited to revocation of the industry's discharge permit and civil or criminal penalties.

(c)

[Right to inspect.] As a condition of the city providing water service, directly or indirectly, to property; whether within or outside the corporate limits, and as a condition of connection to the public potable water system by customers under this chapter, any authorized officer or employee of the city may enter, inspect, monitor or conduct enforcement activities with respect to any part of the public or private potable water system servicing such premises, may enter without delay, upon, or through any premises to gain access to a cross-connection backflow prevention assembly or piping, and without limitation may inspect any customer's potable water system or piping or records pertinent to it. This right of entry extends to public streets, easements, and private property within which any portion of the public or private potable water system servicing such premises may be located.

(d)

[Remove security barriers.] Each consumer connected to the public potable water system shall make all necessary arrangements, at its expense, to remove without delay security barriers or other obstacles to access by the director.

(e)

[Obstruct access.] It is unlawful for any person to obstruct or unreasonably delay allowing access by the director to premises connected to the public potable water system.

(f)

Notice of violation (NOV). Whenever the director determines that any person has violated or is violating this article, the conditions of registration as a certified technician, installation requirements of a backflow prevention assembly under this chapter, or any other cross-connection protection requirement, the director may but is not required to serve on the person a written NOV describing the violation and the action required to correct it. An NOV may inform the recipient that, within five (5) calendar days of its receipt; the person receiving it shall provide to the director an explanation of the violation and a plan for its satisfactory correction and prevention including specific actions for correction of the violation.

(g)

[Submission.] Submission of the proposed corrective plan does not relieve the user of criminal or civil liability for violation of this chapter whether before or after receipt of the NOV.

(h)

Show cause hearing. The director may order a user which has violated or continues to violate any provision of this chapter, a wastewater discharge permit, an order, or any other pretreatment standard or requirement to appear before the director and show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing is not a bar against or a prerequisite for taking any other action against the user.

(i)

Compliance orders. When the director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, an order, or any other pretreatment standard or requirement, the director may issue an order to the user directing that the user come into compliance within a specified time. If the user does not come into compliance within the time limit provided, the director may discontinue sewer service unless the user installs and properly operates adequate treatment facilities, devices, or other related appurtenances. Compliance orders also may contain other requirements to address the noncompliance, including additional self monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order is not a bar against or a prerequisite for taking any other action against the user.

(j)

Cease and desist orders. When the director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, an order, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the director may issue an order to the user directing it to cease and desist all such violations and directing the user to immediately comply with all 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.

Issuance of a cease and desist order is not a bar against, or a prerequisite for, taking any other action against the user.

(k)

[Authority of director.] Nothing limits the authority of the director to pursue any other enforcement action or remedy, including, emergency actions, without first issuing an NOV.

(l)

[Liable to city.] Any person violating any of the provisions of this article is liable to the city for any expenses loss, or damage occasioned by the city because of the violation.

(m)

[Disposal.] If any waste material regulated by this chapter is improperly disposed, dumped or stored on private or public property, the person responsible for disposing, dumping or storing the regulated waste material shall properly dispose of the waste material and clean up the contaminated area. If this material is located on private property and the person responsible for disposal or dumping of this waste material is not the owner or person who has control of the property, the owner or person who has control of the property shall properly dispose of the waste material and clean up the contaminated area under one of the following conditions:

(1)

The person responsible for depositing the waste cannot be identified or;

(2)

The responsible person is identified but refuses to clean up the property. Failure of the responsible person to clean up the material described in this section is a violation of this chapter; or

(3)

The responsible person has been identified, but the owner or other person who has control of the property where the violation exists refuses to allow access to the property for proper cleanup.

(n)

[Reimburse the city.] If the city cleans up any waste material regulated by this chapter the person responsible for the disposal or dumping of this material shall reimburse the city for all cleanup and disposal cost incurred by the city. If the responsible party can not be identified and the waste material is located on private property, the owner of the property shall reimburse the city for any cleanup and disposal cost incurred by the city.

(Ord. No. 8140, § 1, 3-20-03)