(a) Notification of Violation. Whenever the Municipality finds that any user has violated or is violating this chapter or any pretreatment standard, limitation or requirement, the Municipality may serve upon such user a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty days, for the satisfactory correction thereof.
(b) Show Cause Hearing; Issuance of Administrative Order.
(1) If the violation is not corrected by timely compliance, the Municipality may issue an administrative order requiring any person who causes or allows an unauthorized discharge to show cause before the Municipality and the Subdistrict why service should not be terminated.
(2) A notice of the hearing shall be served personally or by certified mail, return receipt requested, at least ten days before the hearing.
(3) The Municipality may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee to:
A. Issue, in the name of the Municipality, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings;
B. Take the evidence; and
C. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations, to the Municipality for action thereon;
(4) 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 any member of the public upon payment of the usual charges therefor.
(5) After the Municipality has reviewed the evidence, it may issue an order to the party responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. The Municipality may issue such further orders and directives as are necessary and appropriate.
(c) Legal Action. Any discharge in violation of the substantive provisions of this chapter or an order of the Municipality shall be considered a public nuisance. If any person discharges sewage, industrial wastes or other wastes into the POTW contrary to the substantive provisions of this chapter or any order of the Municipality, the Municipality may commence an action for appropriate legal and/or equitable relief in the appropriate court of this County.
(Ord. 5 91. Passed 2 26 91.)
(d) Compliance Schedules. When, in the opinion of the Director, it becomes necessary for industrial users to install technology or provide additional operation and maintenance (O&M) to meet any condition of this chapter or applicable administrative order, the Director shall require the development of the shortest schedule by which the industrial user will provide this additional technology or O&M.
The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events. Under no circumstances shall any increment exceed nine months.
Not later than fourteen days following each date in the schedule and the final date for compliance, the industrial user shall submit a progress report to the Director, including, at a minimum, whether or not such user complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken to return to the schedule established.
(Ord. 18-92. Passed 7-7-92.)