§ 13.20.408. Permit suspension or revocation.

A.

Grounds. The Director may suspend or revoke any permit when it is determined that a permittee:

1.

Knowingly provides a false statement, representation, record, report, or other document to the City;

2.

Refuses to provide records, reports, plans, or other documents required by the City to determine permit terms, conditions, or limits, discharge compliance, or compliance with this chapter;

3.

Falsifies, tampers with, or knowingly renders inaccurate any monitoring device or sample collection method;

4.

Fails to report significant changes in operations or wastewater constituents and characteristics;

5.

Fails to comply with the terms and conditions of an administrative order issued pursuant to this chapter;

6.

Discharges effluent to the POTW while its permit is suspended;

7.

Refuses reasonable access to the permittee's premises for the purpose of inspection and monitoring;

8.

Does not make timely payment of all amounts owed to the City for fees imposed pursuant to this chapter;

9.

Causes interference with the City's collection, treatment or disposal system;

10.

Fails to submit oral notice or written report of bypass occurrence;

11.

Violates any condition or limit of its discharge permit or any provision of this chapter.

B.

Notice/Hearing. When the Director has reason to believe that grounds exist for the suspension or revocation of a permit, he shall give written notice by personal service or certified mail thereof to the permittee setting forth a statement of the facts and grounds deemed to exist together with the time and place where the charges shall be heard by the Director's designee. The hearing date shall be not less than 15 calendar days nor more than 45 calendar days after the mailing of such notice.

1.

At the hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The suspension or revocation hearing shall be conducted in accordance with the procedures established by the Director and approved by counsel for the City.

2.

After the conclusion of the hearing, the Director's designee shall submit a written report to the Director setting forth a brief statement of facts found to be true, a determination of the issues presented, conclusions, and a recommendation. Upon receipt of the written report, the Director shall make his determination and should he find that grounds exist for suspension or permanent revocation of the permit, he shall issue his decision and order in writing within 30 calendar days after the conclusion of the hearing by his designee. The written decision and order of the Director shall be served personally or by certified mail on the permittee or its legal counsel/representative.

In the event the Director determines to not revoke the permit, he may order other enforcement actions, including, but not limited to, a temporary suspension of the permit, under terms and conditions that he deems appropriate to further the purposes of this Chapter.

C.

Effect.

1.

Upon an order of suspension or revocation by the Director becoming final, the permittee shall lose all rights to discharge any non-domestic wastewater directly or indirectly to the POTW in accordance with the order. All costs for physical termination shall be paid by the permittee.

2.

Any owner or responsible management employee of the permittee shall be bound by the order of suspension or revocation.

3.

Any future application for a permit at any location within the POTW's service area by any person subject to an order of revocation will be considered by the City after fully reviewing the records of the revoked permit, which records may be the basis for denial of a new permit.

4.

An order of permit suspension or revocation issued by Director shall be final in all respects on the 31st day after it is served personally or by certified mail on the permittee unless a notice of appeal is filed with the City pursuant to Section 13.20.427 no later than 5:00 p.m. on the 30th day following such mailing.

( Ord. No. 1094, 11-7-2017 )