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2012-042 Ordinance
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2012-042 Ordinance
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1/13/2014 3:49:12 PM
Creation date
12/27/2013 9:06:09 AM
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North Olmsted Legislation
Legislation Number
2012-042
Legislation Date
6/6/2012
Year
2012
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collection remedies as he has to collect other service charges. Unpaid <br />charges, fines and penalties shall constitute a lien against the individual <br />user's property. Industrial users desiring to dispute such fines shall file a <br />request for the Superintendent to reconsider the fine within ten days of <br />being notified of the fine. Where the Superintendent believes a request <br />has merit, he shall convene a hearing on the matter within fifteen days of <br />receiving the request from the industrial user. <br />(7) Emer encv suspensions <br />A. The Superintendent may suspend the wastewater treatment service <br />and/or wastewater permit of an industrial user whenever such <br />suspension is necessary in order to stop an actual or threatened <br />discharge presenting or causing an imminent or substantial <br />endangerment to the health or welfare of persons, the POTW or the <br />environment. <br />B. Any user notified of a suspension of the wastewater treatment <br />service and/or the wastewater permits shall immediately stop or <br />eliminate its contribution. In the event of a user's failure to <br />immediately comply voluntarily with the suspension order, the <br />Superintendent shall take such steps as deemed necessary, <br />including immediate severance of the sewer connection, to prevent <br />or minimize damage to the POTW, its receiving stream, or <br />endangerment to any individuals. The Superintendent shall allow <br />the user to commence its discharge when the endangerment has <br />passed, unless the termination proceedings set forth in subsection <br />(a)(8) hereof are initiated against the user. <br />C. An industrial user which is responsible, in whole ar in part, for <br />imminent endangerment shall submit a detailed written statement <br />describing the causes of the harmful contribution and the measures <br />taken to prevent any future occurrence to the Superintendent prior <br />to the date of the hearing described above. <br />(8) Termination of permit Significant industrial users proposing to discharge <br />mto the POTW shall first obtain a wastewater discharge permit from the <br />Control Authority. Any user who violates the following conditions of this <br />subsection or wastewater discharge permit or order, or any applicable or <br />state and federal law, is subject to permit termination: <br />A. Violation of permit conditions. <br />B. Failure to accurately report the wastewater constituents and <br />characteristics of its discharge. <br />C. Failure to report significant changes in operations or wastewater <br />constituents or characteristics. <br />D. Refusal of reasonable access to the user's premise for the purpose <br />of inspection, monitoring or sampling. <br />Noncompliant industrial users shall be notified of the <br />proposed termination of their wastewater permit and be offered an <br />opportunity to show cause under subsection (a)(3) hereof why the <br />proposed action should not be taken. <br />(b) Judicial Remedies. If any person discharges sewage, industrial wastes or other <br />wastes into the wastewater disposal system contrary to the provisions of this chapter or any order <br />or pertnit issued hereunder, the Superintendent, through the City Attorney, may commence an <br />achon for appropriate legal and/or equitable relief in the Common Pleas Court for Cuyahoga <br />County. <br />(1) Injunctive relief. Whenever an industrial user has violated or continues to <br />violate the provisions of this chapter or permit or order issued hereunder, <br />the Superintendent, through counsel, may petition the Court for the <br />issuance of a preliminary or permanent injunction or both (as may be <br />appropriate) which restrains or compels the activities on the part of the <br />industrial user. The Superintendent shall have such remedies to collect
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