Title 13 Public Utilities and Services
Chapter 13.03A Pretreatment
Article IX. Administrative Enforcement Remedies
Section 13.03A.0903 Suspension, Termination of Service Orders [9.7, 9.8]
Not by way of limitation of other enforcement remedies:
- Emergency Suspensions.
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- The Plant Manager may immediately suspend a user’s discharge, after informal notice to the user, whenever the 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 welfare of persons. The Plant Manager may also immediately suspend a user’s discharge, after notice and an opportunity to respond, that threatens to interfere with the operation of the POTW or which presents or may present an endangerment to the environment. Nothing in this section shall be interpreted as requiring a hearing prior to an emergency suspension under this section.
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- 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 Plant Manager shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Plant Manager shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City that the period of endangerment has passed, unless the termination proceedings as outlined in this chapter are initiated against the user.
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- 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 Plant Manager prior to the date of any show cause or termination hearing under this chapter.
- Termination of Discharge (Non-Emergency).
In addition to SMC 13.03A.0312, any user who violates a following condition is subject to discharge termination:
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- violation of discharge permit conditions, or other requirements of this chapter;
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- failure to apply for a discharge permit as required
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- failure to accurately report the wastewater constituents and characteristics of its discharge;
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- failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge;
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- refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling;
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- violation of the pretreatment standards in Article II of this chapter; or
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- failure to comply with any administrative order.
The user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under SMC 13.03A.0902 why the proposed action should not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking any other action against the user.
- User Remains Fully Liable.
Users are fully responsible for any loss or liability to the City because of the quality or quantity of a discharge or for any other reason relating to requirements of this chapter and must pay all costs to the City as a condition of continued City utility service. Such costs include out of pocket expenses, as well as in house staff time and materials costs, as well as professional services costs either in house or out of pocket.
NOTE: Bracketed enumerations reference the numbering in the EPA Region 10 Model Ordinance of March 27, 2012.
Date Passed: Monday, November 9, 2020
Effective Date: Wednesday, December 16, 2020
ORD C35961 Section 60
