(a) Unless the person to whom the notice of violation is given shall within thirty days after service thereof file with the Sanitary Board Director a request for reconsideration, the notice of violation shall become final and not subject to administrative or judicial review. A request for reconsideration must be in writing verified under oath by the person or his duly authorized agent having knowledge of the facts, setting forth with particularity the items of the notice of violation objected to, together with the reasons for the objections. The request for reconsideration may be served to the Village Sanitary Board Director by mailing said request to, Village of Barboursville, Sanitary Board Director/MS4 Manager, P.O. Box 266, Barboursville, WV 25504 or by hand delivering said request to the Village of Barboursville Sanitary Board Director, 721 Central Avenue, Barboursville, WV 255.04. Upon receipt of a properly filed request for reconsideration, the Sanitary Board shall assign a time and a place for the person requesting a reconsideration to appear before the Board and show cause why the proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the hearing, the proposed enforcement action, the reasons for such action, and requesting that the person show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten calendar days prior to the hearing. Such notice may be served on any authorized representative of the person. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the person.
(b) The Board may conduct the show cause hearing and receive the evidence, or may designate a hearing examiner to:
(1) Issue in the name of the Board notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings;
(2) Receive the evidence and testimony from witnesses; and/or
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence together with proposed findings, conclusions of law and recommendations to the Board for action.
(c) At any public hearing testimony taken before the Board or any person designated by it must be under oath and recorded stenographically. 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.
(d) After the Board has reviewed the evidence, it may issue an order to (1) uphold the notice of violation (2) reverse the notice of violation or (3) modify the notice of violation and (4) issue such further orders and directives as are necessary and appropriate. When the Board finds that a person has violated, or continues to violate any provision of this article and upholds the notice of violation or modifies the notice of violation, the Board may order and direct that the person come into compliance within a specified time. Orders may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer system or to cease and remove illicit connections to the sewer system. An order does not relieve the person of liability for any violation, including any continuing violation. Issuance of an order shall not be a bar against, or a prerequisite for, taking any other action against the person. The order shall be served by certified mail to the parties within thirty days from completion of the hearing unless otherwise mutually agreed to by the parties. An administrative appeal of the order may be taken by any party including by the Village in the Circuit Court of Cabell County if it has jurisdiction or to the West Virginia Intermediate Court of Appeals within sixty days after service of the Board’s Administrative decision to the parties.
(e) Civil Penalties. To the extent permitted by law, when the Board finds that a person has violated, or continues to violate, any provision of this article and upholds the notice of violation or modifies the notice of violation, the Board may order that the person shall be liable to the Board for a maximum civil penalty of one thousand dollars ($1,000), but not less than five hundred dollars ($500.00). For the purposes of this section, each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(f) After sixty days of service of the Board’s decision upholding or modifying a notice of violation, and if no appeal has been taken, the person shall submit a progress report to the Sanitary Board Director demonstrating compliance with the order.
(Ord. 2022-05. Passed 9-5-22.)