[Code 1991, § 18-160]
The DPW shall annually publish in the largest newspaper circulated
in the City a description of those industrial users in significant
noncompliance over the past 12 months with any condition of a permit
or any of the pretreatment requirements set forth in this article.
[Code 1991, § 18-161]
Whenever the DPW finds that any user has violated or is violating
this article, including a permit issued under this article, an order
issued pursuant to this article, or any other pretreatment requirement,
the DPW may serve upon such user a written notice of violation. Within
10 days from the receipt of such notice, the user shall submit an
explanation of the violation and a plan for satisfactory correction
and prevention thereof to the DPW. Submission of this plan shall in
no way relieve the user of liability for any violation occurring before
or after the receipt of such notice.
[Code 1991, § 18-162]
The DPW may order any user causing or contributing to a violation
of this article to appear before the DPW to show cause why an enforcement
action should not be taken. Notice shall be served on the user, specifying
the time and place for the hearing, 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. Notice of
the hearing shall be served personally or by certified mail (return
receipt requested) at least 10 days prior to the hearing. The notice
may be served on any principal officer or corporate officer of the
user. If the user does not appear, immediate enforcement action may
be pursued. At the hearing, testimony shall be taken under oath and
properly recorded. A transcript shall be made available to any party
of the hearing and to any member of the public upon payment of the
usual charges for duplication.
[Code 1991, § 18-166]
Whenever a user has violated or continues to violate any provision
of this article, a permit, any order issued under this article, or
any other pretreatment requirement, the DPW, through the City Attorney,
may petition the appropriate court for the issuance of a temporary
or permanent injunction, as may be appropriate, to restrain or compel
the specific performance of the permit, order, or other requirement
imposed by this article on activities of the user. Such other action
as may be appropriate for legal or equitable relief may also be sought
by the City. The court shall grant an injunction without requiring
a showing of a lack of an adequate remedy at law.
[Code 1991, § 18-167]
In addition to any other remedies provided by this article,
the City shall have the right, either administratively or judicially,
to recover all costs actually incurred by the City in the investigation
and enforcement of any violation of this article. Such costs shall
include, but not be limited to, reasonable attorney fees, court costs,
sampling and inspection costs, and any actual damages incurred by
the City.
[Code 1991, § 18-169]
Any person aggrieved by the refusal of the DPW to issue a permit,
by the terms contained therein, by any decision of the DPW interpreting
the provisions of this article, by the promulgation or enforcement
of any regulations issued by the DPW pursuant to this article, or
by any notice of violation or order issued pursuant to this division
shall have the right to appeal such action to the City Manager within
30 days thereof. The City Manager shall hold a hearing on such appeal
within 30 days thereafter, unless an extension is agreed to by the
appellant. At such hearing, the appellant shall have the right to
present evidence and witnesses and to be represented by counsel. The
failure of any aggrieved person to exhaust such an administrative
appeal shall preclude any further judicial relief.