(A) The Wastewater Superintendent may serve upon any user who causes, allows or contributes to a violation of this chapter, its discharge permit, or any order issued hereunder, or an unauthorized discharge to enter the POTW a written show cause order. Said order must be given at least 15 days prior to the hearing in accordance with this chapter. The show cause order must contain:
(1) The name and address of the user to whom the show cause order is issued;
(2) The address, or the parcel number, of the property that is the subject of the order, if different from division (A) above;
(3) The nature of the violation(s);
(4) An order to the user to appear before the Town Council to show cause as to why the town would not initiate formal enforcement action against the user or discontinue service to the user;
(5) A statement indicating the exact time and place of the hearing, and that the person to whom the show cause order was issued is entitled to appear at the hearing with or without legal counsel, present evidence, cross examine opposing witnesses and present arguments;
(6) A statement of the proposed enforcement action and the reasons therefor;
(7) A statement indicating that a failure to comply with any of the conditions, requirements or terms of the show cause order shall constitute a violation of this chapter and may subject the user to such other enforcement response that may be appropriate; and
(8) The name, address and telephone number of the Wastewater Superintendent.
(B) The Town Council may itself conduct a hearing and take the evidence, or may designate any of its members or any officer or employee of the Wastewater Department to:
(1) Issue in the name of the Town Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Town Council for action thereon.
(C) A hearing must be held relative to each show cause order of the Town and the hearing shall be held on a business day no earlier than 15 days after notice of the show cause order is given. At any hearing held pursuant to this ordinance, testimony taken must be under oath and recorded stenographically or mechanically. The person to whom the show cause order was issued, or any other person with an interest in the proceedings may appear in person or by counsel at the hearing. Whether or not a duly notified user appears as noticed, enforcement action may be pursued as appropriate. Each person appearing at the hearing is entitled to present evidence, cross examine opposing witnesses and present arguments. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
(D) After the Town Council has reviewed the evidence and if it finds any violation(s) of this chapter, any prohibition, limitation or requirement contained herein or of the user's discharge permit, or of any order issued hereunder, it shall make findings and it may issue to the user responsible for the discharge any orders or directives as are necessary and appropriate. Issuance of a show cause order shall not be a prerequisite to taking any other action against a user.
(Ord. 2019-5, passed 4-22-19)