O-2010-3216 amending Chapter 34-Environment

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(c) The city shall not reinstate suspended services or MS4 access to the discharger until: (1) The discharger presents proof that the unlawful discharge or threatened discharge has been eliminated and its cause determined and corrected; and (2) The discharger pays the city for all costs the city will incur in reinstating service or MS4 access or otherwise provides financial assurance to cover such expenses. (3) The remedies provided by this section are in addition to any other remedies set out in this chapter. Exercise of this remedy shall not be a bar against, nor a prerequisite for, taking other action against a discharger. (d) A person commits an offense if the person reinstates water service, sanitary sewer service or MS4 access suspended pursuant to this section without the prior approval of the director of public works. Sec. 34-197. Appeals; hearing. Any person whose permit is denied or revoked, whose water supply, sanitary sewer connection or MS4 access has been terminated or may be terminated, or who is otherwise aggrieved by a notice, action or decision by the director of public works or building official undertaken pursuant to this article shall, upon written request, be entitled to a hearing to be conducted by a hearing officer designated by the director of public works, who shall promulgate rules for hearings. The decision of the hearing officer shall be final. For an appeal filed pursuant to section 34-196, the hearing officer shall render a decision within five days after the close of the hearing. Where time is of the essence, the aggrieved person may so advise and state the reason therefore in the request and, to the extent reasonably warranted and allowed by the circumstances, an expedited hearing of and decision on the issue shall be afforded. Sec. 34-198. Compliance monitoring; methods. (a) The director of public works shall have the right to install at a facility that discharges storm water to the MS4, or to require the installation of, such devices as are necessary to conduct sampling or metering of the discharger's operations. (b) The director of public works may require any facility that the city engineer determines has discharged or is discharging a pollutant or any substance that causes, continues to cause, or will cause pollution, to conduct specified sampling, testing, analysis and other monitoring of its storm water discharges. The director of public works may specify the frequency and parameters of any required sampling or monitoring. (c) The director of public works may require any facility that the director of public works determines has discharged or is discharging a pollutant or any substance that causes, continues to 10