Whenever the Water Pollution Control Board finds that a user has significantly violated or continues to violate this chapter or the user's wastewater discharge permit, or has failed to respond to a notice of violation, the Superintendent, or his or her designee, shall issue to the user a written notification of complaint (NOC). Any NOC issued shall state the nature of the violation and shall be served personally or by certified mail upon the user or the authorized representative of the user. An NOC shall require the user to appear for a scheduled conciliation hearing before the Water Pollution Control Board, at which the user shall submit for Board approval a written plan and schedule for abatement of the violation. A series of conciliation meetings may be required between the initial hearing and the compliance date. If the user fails to implement the approved plan for abatement according to the compliance schedule, or if the implementation of the plan fails to achieve compliance, then the Board shall take further appropriate enforcement action. Submission of the plan for abatement in no way relieves the user of liability for any violations occurring before or after receipt of the NOC.
(2002-46. Passed 3-4-02.)