(A) Notification of industrial user violation. A reasonable effort shall be made by the county to notify the violating party. Written notification shall be sent to the authorized representative, entitled “Notice of Violation,” and specifying the nature and source of the violation. Following this notification, follow-up determinations will be used to establish penalties as provided by § 51.73 and/or corrective action to be taken by the violator. Where repetitive violations are occurring and the user is using best efforts and best management practices as determined by the Director to avoid further failures or violations, the Director may allow a reasonable time for satisfactory correction thereof. Depending upon the severity of the situation, the Director may require disposal of the industrial waste in some manner other than into the sanitary sewer at the expense of the user. The user shall, within the period of time specified in the notification, satisfactorily correct the failure or violation. Extensions of this time limit may he granted by the Director upon consideration of a written request by the user, which shall set forth the truthful reasons why compliance cannot be timely made. Corrections of violation conditions shall not preclude assessment of penalties.
(B) Consent orders. The Director is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the discharger to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as an administrative order issued pursuant to § 51.72(C) below.
(C) Administrative orders. When the Director finds that an industrial user has violated or continues to violate this chapter, permits or orders issued hereunder, or any other pretreatment requirement, the Director may issue an order to cease and desist all such violations and direct those persons in noncompliance to do any of the following:
(1) Immediately comply with all requirements;
(2) Comply in accordance with a compliance time schedule set forth in the order;
(3) Take appropriate remedial or preventive action in the event of a continuing or threatened violation;
(4) Disconnect unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated within a specified time period.
(D) Show-cause hearing.
(1) The county may order any violator to show cause why the proposed enforcement action should not be taken. When the Commissioners order the hearing, a notice shall be served on the user, specifying the time and place of a hearing regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and a request that the user 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). Service may be made on any agent or officer of a corporation.
(2) For the user to request the hearing, a written request shall be filed with the Director of Public Works within 20 days of receipt of the notification of the enforcement action. The request shall specify why the action against the user should not have been taken, and/or the reasons why the enforcement action should be revised. The user shall be notified, in writing, of the date, time and place of the hearing.
(3) After reviewing the evidence presented at the show-cause hearing, the Director shall render his or her decision, which may include, but is not limited to, issuing an order that the sewer service be discontinued if abatement is not achieved in a specified time period, and/or recommend to the County Commissioners that fines by imposed as authorized by § 51.73(C).
(E) Appeal. Users that disagree with decisions made by the Director can appeal by filing a written request, within ten days of such decision, to the County Clerk to the Board of Commissioners. If the user disagrees with the Director’s decision and files an appeal as stated above, the user’s situation will be decided upon by a committee composed of members of the Board. The committee members will be chosen by the Board chairman. The committee composed of the members of the Board will make a formal report to the full Board of Commissioners of its findings and decision on the user’s appeal. The committee’s decision shall be final. Fines or penalties approved by the County Commissioners are not subject to appeal.
(Ord. passed 9-9-08)