10.20.400 Procedure.
The procedures set forth below apply in those situations where emergency suspension of service pursuant to MMC 10.20.380 is not needed. Ordinarily, the enforcement procedure outlined below will be followed in the order hereinafter set forth, and enforcement will generally be in accordance with the City’s enforcement response plan. Notwithstanding the foregoing, the City reserves the right and discretion to impose any of the sanctions listed below for any violation should the City deem such action appropriate or necessary in the individual circumstances.
(1) Notification of Violation. Whenever the City determines that any industrial user has violated or is violating the provisions of MMC 10.20.390, the City may serve upon such industrial user a written notice of violation stating the nature of the violation(s). Where directed to do so by the notice, a plan for the satisfactory correction of the violation(s) will be submitted to the City by the industrial user, within a time frame as specified in the notice of violation. Submission of such a plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(2) Administrative Order.
(a) Whenever the City determines that any industrial user has violated or is violating any provision of this chapter or an industrial wastewater discharge permit issued and approved hereunder, or has violated any directives or orders issued and approved hereunder, the City may serve upon such industrial user a written administrative order stating the nature of the violation(s) and imposing sanctions. This notice shall be served upon the industrial user either by personal service to any owner, operator, authorized agent or any employee of the industrial user at any office maintained by the industrial user either within or outside of the City of Albany. Service of the notice may also be accomplished by mailing the notice, via registered or certified mail, return receipt requested, to the industrial user at any office maintained by the industrial user either within or outside of the City.
(b) These sanctions may include:
(i) An order requiring corrective action;
(ii) An order setting civil penalties as described in MMC 10.20.470 through 10.20.520 in the event corrective action is not undertaken as ordered in subsection (2)(b)(i) of this section;
(iii) An order imposing civil penalties as described in MMC 10.20.470 through 10.20.520 in lieu of, or in addition to, an order of corrective action;
(iv) An order requiring payment of City costs incurred as a result of a violation;
(v) An order requiring a compliance schedule containing milestones and applicable reporting requirements, or requiring an industrial user to submit a compliance schedule for approval by the City;
(vi) Revocation of the industrial user’s wastewater discharge permit;
(vii) Disconnection from the wastewater discharge system pursuant to the rights and procedures set forth concerning emergency suspension of service in MMC 10.20.380.
(3) Appeal of Administrative Order. An industrial user served by an administrative order may within seven days of the receipt of the order request in writing that the Director review the enforcement action. The request (letter of appeal) will state all points of disagreement and objection to the order. Upon receipt of the letter of appeal, the City shall cause a hearing to be held before the Public Works Director of the City of Albany, or his or her authorized representative.
(a) The Public Works Director, or his or her authorized representative, shall conduct the hearing with the advice and counsel of the City Attorney and shall establish such rules and procedures as may be determined by the City in order to meet due process minimums.
(b) Following the close of the hearing, the Public Works Director, or his or her authorized representative, shall enter appropriate findings of fact, conclusions of law, and an administrative order with respect to the alleged violations and under the terms of the order, may impose any or all of these sanctions referred to in subsection (2) of this section. Said sanction may exceed those originally purposed in the notice of proposed administrative order.
(c) The findings, conclusions and order shall be served upon the industrial user in the manner provided above for the service of the notification of an administrative order.
(4) Appeal Hearing. Within seven days of its receipt of the determination as outlined above, the industrial user may appeal the findings, conclusions and order of the Public Works Director or his or her authorized representative by serving a written notice of such appeal in the same manner as provided above for the service of the initial appeal. Thereafter, a hearing on the appeal shall be scheduled before the City Council of the City of Albany, or such Appeal Hearings Officer as the City may appoint for such purpose.
(a) The City Manager of the City of Albany shall have the authority and discretion to appoint an Appeal Hearings Officer or direct the appeal to the City Council.
(b) Thereafter, the City Council or the Appeal Hearings Officer may render its decision based upon the record of the hearing on the administrative order, grant an additional hearing to take additional evidence, or conduct a de novo hearing.
(c) The City Council, or Appeal Hearings Officer, in consultation with the City Attorney, shall establish rules and procedures for the conduct of the appeal in order to accord the industrial user minimum due process.
(d) The City Council or Appeal Hearings Officer shall affirm, reverse or modify the findings, conclusions and administrative order and shall serve its decision, in writing, upon the industrial user in the manner provided for the service of the original administrative order.
(e) The decision of the City Council or Appeal Hearings Officer shall be final. (Ord. 106 § 9(3), passed 10-9-2012; Code 2014 § 52.09(C))