(A) The POTW Director may order any industrial contributor who causes or is responsible for an unauthorized discharge, has violated this chapter or is in noncompliance with a wastewater permit to show cause why a proposed enforcement action should not be taken. In the event the POTW Director determines that a show cause order should be issued, a notice shall be served on the contributor, specifying the time and place for the hearing, the proposed enforcement action, the reasons for the action, and a request that the contributor show cause why this 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 days before the hearing. Service may be made on any person designated as its authorized representative by the contributor, subject to service of Rule 4 of the North Carolina Rules of Civil Procedure.
(B) The POTW Director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate.
(C) A show cause hearing under this section is not a prerequisite to the issuance of a notice of violation under § 50.395 of this chapter or the assessment of a civil penalty under § 50.999, nor is any action or inaction taken by the POTW Director under this section subject to an administrative appeal under § 50.339(B)(7) of this chapter.
(Ord. passed 6-21-2011; Am. Ord. passed 12-13-2012)