7.04.520 Administrative Procedures.
A. Notification of Violation. Whenever the District finds that any person has violated, or is violating, this chapter or any prohibition, limitation or requirement contained herein, he may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty days, for the satisfactory correction thereof.
B. Formal Meeting. If an industrial user fails to respond to a notification of violation, or fails to take corrective action within thirty days, the District may schedule a formal meeting with an authorized representative of the industrial user. At the meeting, the District will review the violator’s actions and may develop a compliance schedule to which the violator must adhere.
C. Show Cause Hearing.
1. If the violation is not corrected by timely compliance, nuisance abatement proceedings may be initiated according to Chapter 7.08, or the District may contract the necessary work, or the Board of Directors may order any person who causes or allows an unauthorized discharge to show cause before the Board regarding the violation, and directing the offending party to show cause before said authority why an order should not be made directing the termination of service. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before hearing. Service may be made on any agent or officer of a corporation. If the necessary work is contracted, such charges for the necessary work shall constitute a lien against the lot or parcel of land for which the preliminary treatment facility was installed, upon recording thereof with the County Recorder. Such lien shall have the force, effect and priority of a judgement lien and shall continue for three years from the time of recording unless sooner released or otherwise discharged. A statement of the District’s bills to the property owner shall give notice of the lien provided by this section.
2. The Board may, itself, conduct the hearing and take the evidence, or may designate any of its members of any officer or employee of the District to:
a. Issue, in the name of the Board, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings;
b. Take the evidence;
c. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board for action thereon; or
d. At any public hearing, testimony taken before the Board or any person designated by it, shall be under oath and tape recorded.
3. After the Board has reviewed the evidence, it may issue an order to the party responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed and inspected by the District or existing treatment facilities, devices or other related appurtenances are properly operated, and such further orders and directives as are necessary and appropriate.
D. Emergency Termination of Discharges.
1. If any industrial user discharges or threatens to discharge any pollutant to the wastewater treatment system, and if such discharge presents or would present an imminent or substantial endangerment to the health or welfare of persons or to the environment, or causes, or would cause, interference with the operation of the POTW, and if the District determines that immediate action is necessary to terminate or prevent such discharge, the District may issue an order that such discharge be terminated or prevented immediately. Such order shall be personally served upon any person in charge, or apparently in charge, of the premises of the industrial user, and shall be effective as soon as it is so served.
2. If after service of the order, the discharge is not immediately terminated or prevented, then the District may take any steps that may be appropriate or necessary to terminate or prevent the discharge as quickly as possible, including severance or blockage of the industrial user’s facilities from the City wastewater treatment system, or any other steps that may be appropriate under the circumstances. The cost and expense so incurred by the District shall be paid by the industrial user upon presentation by the District of an invoice and demand for payment. If not promptly paid, such amounts shall become a lien on the property and shall be collected at the same time and in the same manner as local real property taxes. The Board may take any steps, including the holding of any hearings and the adoption of any resolutions, necessary to perfect such lien.
3. Any action taken, or decisions made by the District under this subsection D, including the determination that costs shall be charged to the user or that there shall be a lien upon property, may be appealed to the Board in accordance with the provisions of the code.
4. Any action by the District to terminate, block or sever the user’s facilities from the wastewater treatment system under this subsection shall be reviewed by the Board, or its designate, within forty-eight hours after a request for such review is made by the user, in order to determine whether there was sufficient cause for the action taken. The Board shall hold an informal hearing on the matter and shall give both the Director and the user and any other interested person an opportunity to present evidence and other information. The decision of the Board shall be made as an interim decision, pending a full review of the matter by the Board, unless the user decides not to seek a Board hearing. (Ord. 72 §1, 1991; Ord. 64 §3; Ord. 49 §1, 1985; Ord. 37 §3, 1983; Ord. 3 §6.12, 1973)