Pursuant to §§ 51.037 and 51.090, and in the event that an IU is in a state of non-compliance upon the commencement or during the course of discharge, the District shall convene a hearing with the IU to determine the cause or causes of non-compliance. A written notice shall be served on the IU by personal service, certified or registered, return receipt requested, specifying the time and place of the hearing, the reason or reasons for the hearing, and directing the IU to disclose the reason or reasons for non-compliance. Service may be made on an authorized representative of the IU. The proceedings at the hearing shall be considered by the District which shall then enter appropriate orders with respect to non-compliance. If, in the District’s judgment, the non-compliance is shown to have been caused by circumstances beyond the control of the IU, the District may append to the IU’s wastewater discharge permit a compliance schedule and order the IU to achieve compliance with the conditions of its permit within the time frame stated by the schedule. In no case shall the time period allowed for any compliance schedule exceed 90 days following the commencement of discharge or beyond a statutory deadline under the Federal Categorical Pretreatment Standards, whichever is shorter. If, in the District’s judgment, the non-compliance is shown to have been caused by circumstances within the IU’s control, the District may issue an administrative order pursuant to § 51.139, and may assess any and all appropriate penalties pursuant to § 51.999. Should the IU fail to comply with said order, the District may commence formal enforcement proceedings pursuant to applicable sections of this chapter.
(Ord. 18-0017, passed 11-13-2018)