The Board may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Board why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Board regarding the violation, the reasons why the action is to be taken and the proposed enforcement action, and directing the user to show cause before the Board why the proposed enforcement action should not be taken. The notice of 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 agent or officer of a corporation.
(a) The Board may itself conduct the hearing and take the evidence, or may designate any of its members or an officer or employee of the Village to:
(1) Issue, in the name of the Board, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(2) Take the evidence;
(3) Transmit a report of the evidence and the hearing, including transcripts and other evidence, together with recommendations to the Village or the Township for action thereon.
(b) At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or to any party to the hearing upon payment of the usual charges thereof.
(c) After the Board has reviewed the evidence, it may issue an order to the user 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 shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued. Any person aggrieved by a final order may appeal to the Eaton County Circuit Court within twenty days of entry of the order.
(d) In the event that the user does not substantially prevail on the substance of the matter in dispute before the Board, the user shall be assessed an appeal fee of one hundred dollars ($100.00), plus attorney fees, expert witness fees and stenographic fees for transcribing the proceedings.
The hearing described in this section shall not be deemed a condition precedent to legal action initiated by the Board for a violation of this chapter or any regulation promulgated by the POTW or the Board or necessary to achieve compliance with the NPDES permit applicable to said POTW.
(Ord. 97-4. Passed 9-8-97.)