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9.8 Termination of Discharge (Non-Emergency) <br /> In addition to the provisions in Section 3.12 of this ordinance, any user that violates the <br /> following conditions is subject to discharge termination: <br /> A. Violation of wastewater discharge permit conditions; <br /> B. Failure to accurately report the wastewater constituents and characteristics of its <br /> discharge; <br /> C. Failure to report significant changes in operations or wastewater volume, <br /> constituents and characteristics prior to discharge; <br /> D. Refusal of reasonable access to the user's premises for the purpose of inspection, <br /> monitoring or sampling; or <br /> E. Violation of the pretreatment standards in Section 2 of this ordinance. <br /> Such user will be notified of the proposed termination of its discharge and be offered an <br /> opportunity to show cause under Section 9.3 of this ordinance why the proposed action should <br /> not be taken. Exercise of this option by the City shall not be a bar to, or a prerequisite for, taking <br /> any other action against the user. <br /> 9.9 Appeal Procedures <br /> A. Appeals. <br /> 1. Any user seeking to dispute a Notice of Violation, order, fine, or other action of <br /> the Director may file an appeal. <br /> 2. The appeal must be filed in writing and received by the Director, in writing, within <br /> ten (10) days of the receipt of the disputed action. if the notice of appeal is not <br /> received by the Director within the 10 day period, the right to an appeal is waived. <br /> The notice of appeal shall state with particularity the basis upon which the <br /> appellant is disputing the action taken. <br /> 3. Upon receipt of a timely appeal, the Director shall set a date and time for an appeal <br /> hearing, but in no case shall the hearing be set more than thirty (30) days from the <br /> receipt of the timely notice of appeal. The appellant shall be notified in writing of <br /> the date , time, and place for the appeal hearing. The Director or his/her designee <br /> shall serve as the Hearing Examiner. <br /> B. Appeal Hearing. <br /> 1. The hearing examiner may admit and give probative effect to evidence which <br /> possesses probative value commonly accepted by reasonably prudent men in the <br /> conduct of their affairs. The hearing examiner shall give effect to the rules of <br /> privilege recognized by law. The hearing examiner may exclude incompetent, <br /> irrelevant, immaterial and unduly repetitious evidence. Factual issues shall be <br /> resolved by a preponderance of evidence. <br /> 2. Documentary evidence may be received in the form of copies or excerpts or by <br /> incorporation by reference. <br /> 42 <br />