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(A) Complaint issued by plant manager.
(1) Whenever the plant manager has reason to believe that a violation of any provision of the pretreatment program or orders of the Board issued pursuant thereto has occurred, or is occurring, the plant manager may cause a written complaint to be served upon the alleged violator or violators.
(2) The complaint shall specify the provision or provisions of the pretreatment program or order alleged to be violated, the facts alleged to constitute a violation thereof, may order that necessary corrective action be taken within a reasonable time to be prescribed in the order, and shall inform the violators of the opportunity for a hearing before the Board.
(3) Any order shall become final and not subject to review unless the person or persons named therein request by written petition a hearing before the Board, as provided in § 53.055(C), no later than 30 days after the date the order is served. The Board may review the final order on the same grounds upon which a court of the state may review default judgments.
(B) Emergency circumstances.
(1) Whenever the plant manager finds that an emergency exists imperatively requiring immediate action to protect the public health, safety or welfare, the health of animals, fish or aquatic life, a public water supply or the facilities of the publicly-owned treatment works, the plant manager may, without prior notice, issue an order reciting the existence of such an emergency and requiring that the action be taken as the plant manager deems necessary to meet the emergency.
(2) If the violator fails to respond or is unable to respond to the plant manager's order, the plant manager may take the emergency action as he or she deems necessary including termination of service or contract with a qualified person or persons to carry out the emergency measures. The plant manager may assess the person or persons responsible for the emergency condition for actual costs incurred by the city in meeting the emergency.
(C) Service of notice. Except as otherwise expressly provided, any notice, complaint, order or other instrument issued by or under authority of this chapter may be served on any person affected thereby personally, by the plant manager or any person designated by him or her or the service may be made in accordance with state statutes authorizing service of process in civil action. Proof of service shall be filed in the office of the plant manager.
(Prior Code, § 17-452) (Ord. 1505, passed 7-6-93)