[R.O. 1993 § 705.520; CC 1969 § 28-71; Ord. No. 2351 Art. XI §§ 1 – 3, 10-28-1985]
A. 
Information and data on a user obtained from reports, questionnaires, permit applications, permits and monitoring programs, and from inspections, shall be available to the public or other governmental agencies without restriction, unless the user specifically requests and is able to demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled as trade secrets of the user.
B. 
When requested by the person furnishing the report, portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public but shall be made available upon written request to governmental agencies for uses related to this Chapter; provided, that such portions of a report shall be available for use by the State in judicial review or enforcement proceedings involving the person furnishing the report. Wastewater constituents and characteristics will not be recognized as confidential information.
C. 
Information accepted by the City as confidential shall not be transmitted to any governmental agency or to the general public by the City, until and unless a ten-day notification is given to the user.
[R.O. 1993 § 705.530; CC 1969 § 28-72; Ord. No. 2351 Art. XIII §§ 1 — 3, 10-28-1985]
A. 
The Superintendent and other duly authorized employees of the City, bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this Chapter. The Superintendent or his/her representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper or other industries, beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
B. 
While performing the necessary work on private properties referred to in Subsection (A) of this Section, the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the City employees. The City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by the negligence or failure of the company to maintain safe conditions on the company's premises.
C. 
The Superintendent and other duly authorized employees of the City, bearing proper credentials and identification, shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within such easement. All entry and subsequent work, if any, on such easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
[R.O. 1993 § 705.540; CC 1969 § 28-73; Ord. No. 2351 Art. XIII §§ 4 – 6, 10-28-1985]
A. 
The Superintendent may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the BPW why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the BPW regarding the violation, the reasons why the action is to be taken and the proposed enforcement action and directing the user to show cause before the BPW why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered mail, return receipt requested, at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.
B. 
The BPW may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the City to:
1. 
Issue in the name of the BPW notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relative to any matter involved in such hearings.
2. 
Take the evidence.
3. 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations, to the BPW for action thereon.
C. 
At any hearing held pursuant to this Section, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
[R.O. 1993 § 705.550; CC 1969 § 28-74; Ord. No. 2351 Art. XIII § 7, 10-28-1985]
After the BPW has reviewed the evidence, it may issue an order to the user 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 on existing treatment facilities, or other related appurtenances. Further orders and directives as are necessary and appropriate may be issued.
[R.O. 1993 § 705.560; CC 1969 § 28-75; Ord. No. 2351 Art. XIV §§ 1 – 2, 10-28-1985]
A. 
The City may suspend the wastewater treatment service and/or an industrial discharge permit when such suspension is necessary, in the opinion of the City, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, causes interference to the POTW or causes the City to violate any conditions of its NPDES permit.
B. 
Any person notified of a suspension of the wastewater treatment service and/or the industrial discharge permit shall immediately stop or eliminate the contribution. In the event of failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The City shall reinstate the industrial discharge permit and/or the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed, written statement submitted by the user, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, shall be submitted to the City within fifteen (15) days of the date of occurrence.
C. 
Whenever the Superintendent shall have caused any violation to be abated or corrected pursuant to this Section, he/she shall certify the costs thereof to the BPW, and the owner of the property on which such violation was abated or corrected shall be civilly liable to the City for the costs of such abatement or correction.
D. 
In addition, should a user violating provisions of this Chapter and the rules, regulations and permits issued hereunder cause, by such violation, the City to violate its NPDES permit, such user shall be civilly liable to the City for the costs of penalties levied against the City by the State or EPA.
[R.O. 1993 § 705.570; CC 1969 § 28-76; Ord. No. 2351 Art. XIII § 3, 10-28-1985]
A. 
Any SIU who violates the following conditions of this Section or applicable State and Federal regulations is subject to having his/her permit revoked in accordance with the procedures of this Chapter:
1. 
Failure of an SIU to factually report the wastewater constituents and characteristics of his/her discharge;
2. 
Failure of the SIU to report significant changes in operations or wastewater constituents and characteristics;
3. 
Refusal of reasonable access to the SIU's premises for the purpose of inspection or monitoring;
4. 
Violation of conditions of the industrial discharge permit; or
5. 
Failure of an SIU to make payment on annual permit renewal fees, additional testing costs, etc., that may be assessed by or due to the City.
[R.O. 1993 § 705.580; CC 1969 § 28-77; Ord. No. 2351 Art. XIV § 4, 10-28-1985]
Any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Chapter or the industrial discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required in this Chapter, shall be deemed guilty of an ordinance violation.
[R.O. 1993 § 705.590; CC 1969 § 28-78; Ord. No. 2351 Art. XV §§ 1 – 3, 10-28-1985]
A. 
Any person found to be violating any provision of this Chapter except Sections 705.020 and 705.030 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within a period of time stated in such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the time limit provided for in Subsection (A) of this Section shall be deemed guilty of an ordinance violation. Each day on which such violation shall continue shall be deemed a separate offense.
C. 
Any person violating any of the provisions of this Chapter shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.