(A) (1) The control authority may order a user which causes or contributes to violations(s) of this chapter or discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to show cause before the control authority why an enforcement action should not be taken.
(2) A notice shall be served on the user, specifying the time and place of a hearing to be held, the proposed enforcement action and the reasons for the action, and a request that the user show cause why this proposed action should not be taken. The notice of the meeting shall be served by certified mail (return receipt requested) at least 15 days prior to the hearing. The notice may be served on any authorized representative of the user, as defined in § 56.01, and required by § 56.35(G). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(3) Whether or not a duly notified industrial user appears as noticed, immediate enforcement action may be pursued.
(B) At any public hearing, testimony taken before the hearing authority or any person designated by it must be under oath and recorded stenographically. The transcript so recorded will be made available to the hearing to any member of the public or any party to the hearing upon payment of the usual charges therefor. The hearing authority may itself conduct the hearing and take evidence, or may designate any of its members or any officer or employee to:
(1) Issue in the name of the hearing authority notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any hearings;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the hearing authority for action thereon.
(Ord. 16-04-001, passed 4-19-16)