§ 15-13-84 - SUSPENSION AND REVOCATION OF PERMITS.
(A) The director may suspend or revoke a permit to operate an OWRS if the director determines that continued operation of the system poses unacceptable risk to public or environmental health for any reason, including but not limited to:
(1) the permit was issued in error;
(2) the permittee has not complied with the requirements of this chapter;
(3) the treatment system manager, or any employee has violated any provision of this chapter;
(4) the project applicant engaged in a material misrepresentation when applying for a permit;
(5) the permittee engaged in a material misrepresentation when reporting water quality sampling or monitoring activities required by permit;
(6) the OWRS is being managed, operated, or maintained in a manner that:
(a) disregards public health or the health of patrons or employees;
(b) is inconsistent with the design or use approved by the City; or
(c) violates any state, local, or federal law.
(B) Except as provided in Subsection (C), the director must give notice to the permittee of the director's intent to suspend or revoke the permit before the director may suspend or revoke a permit issued under this chapter. The notice must specify a reasonable time for compliance with this chapter. The director may not suspend or revoke the permit before the time for compliance expires.
(C) The director may immediately suspend a permit issued under this chapter when in the opinion of the director, the public health or safety requires such immediate suspension. The director must provide a permittee or treatment system manager with written notice of the immediate suspension.
(D) A permittee affected by a suspension or revocation may appeal to an administrative hearing officer by filing a written appeal with the director.
(E) An appeal must be submitted to the director not later than 10 days after the date the notice of suspension or revocation is mailed.
(F) An appeal must contain a brief statement of the facts that support the appeal and the reason why the suspension or revocation should be reversed.
(G) A hearing officer who adjudicates an administrative citation under Chapter 2-13 (Administrative Adjudication of Violations) may not hear an appeal authorized by this section if the citation and the appeal are associated with the same OWRS.
Source: Ord. No. 20201210-006, Pt. 2, 12-21-20.
