A. Complaint Issued By Superintendent:
1. Whenever the superintendent 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 superintendent 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, and may order that necessary corrective action be taken within a reasonable time to be prescribed in such order, and shall inform the violators of the opportunity for a hearing before the board; and
3. Any such 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 subsection 17-335C8 of this chapter no later than thirty (30) days after the date such order is served; provided, however, that the board may review such final order on the same grounds upon which a court of the state may review default judgments.
B. Emergency Circumstances:
1. Whenever the superintendent 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 superintendent may, without prior notice, issue an order reciting the existence of such an emergency and requiring that such action be taken as the superintendent deems necessary to meet the emergency; or
2. If the violator fails to respond or is unable to respond to the superintendent's order, the superintendent may take such emergency action as he deems necessary including termination of service, or contract with a qualified person or persons to carry out the emergency measures. The superintendent 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 superintendent or any person designated by him, or such service may be made in accordance with Oklahoma Statutes authorizing service of process in civil action. Proof of service shall be filed in the office of the superintendent. (Ord. 1335, 6-22-1993)