(a) Notice of Violation. When the Sanitary Board or the Sanitary Board Director determines after reasonable observation or investigation that a person has violated or continues to violate, any provision of this article, an industrial user discharge permit, or order issued hereunder, or any other pretreatment standard or requirement under this article, or determines that such person’s past violations are likely to recur, a written notice of violation may be served on the person directing it to cease and desist all such violations. Such notice may require, without limitation:
(1) To immediately comply with all requirements;
(2) The elimination of illicit connections or discharges;
(3) That discharges, practices or operations that are in violation shall cease and desist;
(4) The abatement or remediation of pollution or contamination hazards and the restoration of any affected property; and/or
(5) To take such appropriate remedial or prevent action as may be needed to properly address a continuing threatened, or recurring violation, including halting operations and/or terminating the discharge.
Issuance of a notice of violation under this section shall not be a bar against or a prerequisite for taking any other action against such person.
(b) Notice(s) of violation shall be served in accordance with the law of the State of West Virginia concerning the service of process in civil actions, except that a method of service effectuated by a mailing by the clerk of a court (e.g., service pursuant to West Virginia Rule of Civil Procedure 4(d)(1)(D)) shall be deemed to be effectuated by a mailing by the Sanitary Board Director. If service is made by certified mail consistent with West Virginia Rule of Civil Procedure 4(d)(1)(D) and delivery of the notice of the violation is refused, the compliance officer, promptly upon the receipt of the notice of such refusal, shall mail to the person being noticed, by first class mail, postage prepaid. (1) A copy of the notice of the violation(s) (2) a notice that despite such refusal, the notice of the violation(s) is valid, and (3) advising that the Village will proceed to enforce the notice of violation(s). So long as such first class mailing is not returned as undeliverable by the U.S. Postal Service, service of the notice of violation(s) will be conclusively presumed to have been effectuated. Proof of service shall be made at the time of service by a written declaration, under oath, executed by the enforcement official effecting service and shall declare the time, date and manner by which service was made.
(c) Any notice of violation(s) under this section shall be in writing and shall contain the following:
(1) The date the notice of violation is given;
(2) The name and address of the person(s) charged with the violation;
(3) The nature of the violation and applicable code sections;
(4) A statement of the action required to be taken in order to correct the violation and further prevent it, including halting operations and/or terminating the discharge;
(5) The time period allowed for the violation to be corrected. When determining the time period allowed for correction, the Sanitary Board or the Sanitary Board Director shall take into consideration the threat posed by the violation to the health, safety and welfare of the public and the nature of the work required to correct the violation;
(6) The municipal code sections regarding criminal penalties and statement of the fines that may be assessed if the violation is not corrected and a municipal citation is issued;
(7) The name, business address and telephone number of the Sanitary Board Director or agent of the Sanitary Board issuing the notice of violation; and
(8) The applicable code section and mailing address to request a reconsideration.
(Ord. 2022-05. Passed 9-5-22.)