§ 13-406. Emergency suspensions.  


Latest version.
  • The regulatory authority may immediately suspend a user's discharge or water service after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or safety of persons. The regulatory authority may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.

    (1)

    Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the regulatory authority may take such steps as deemed necessary, including immediate severance of the sewer connection or discontinuance of water service, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The regulatory authority may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the regulatory authority that the period of endangerment has passed, unless the termination proceedings in section 13-407 of this article are initiated against the user.

    (2)

    A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the regulatory authority prior to the date of any show cause or termination hearing under sections 13-402 or 13-407 of this article.

    Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. Exercise of this option by the regulatory authority shall not be a bar to or a prerequisite for, taking any other action against the user.

(Ord. No. 6807, § 1, 3-11-03)