(a) Notification (First Level Enforcement).
(1) Whenever the Village finds that any discharger has violated its Wastewater Discharge Permit or any provision of this chapter, the Superintendent shall serve verbal or written notice stating the nature of the alleged violation.
(2) No later than thirty days after the notification, the discharger shall respond personally or in writing advising the Village of its position.
(3) Thereafter, if the matter is not resolved to the Village's satisfaction, the Superintendent shall establish and serve upon the discharger a plan for correction in the form of an order or compliance schedule.
(4) If the discharger fails to correct the violation in a timely manner according to the order and compliance schedule, the Superintendent may order the discharger to pay an administrative fine, established pursuant to regulation adopted by the Superintendent and approved by Council in an amount not less than one thousand dollars ($1,000) and not to exceed two thousand dollars ($2,000) for each violation for each day the violation continues.
(b) Permit Revocation Hearing (Second Level Enforcement).
(1) Whenever the Village finds that any discharger has not complied with the correction required by a schedule adopted pursuant to subsection (a) hereof, or has otherwise engaged in conduct which justifies a revocation of a Wastewater Discharge Permit pursuant to this chapter, the Superintendent shall serve or cause to be served upon such discharger a written notice, either personally or by certified or registered mail, return receipt requested, stating the nature of the conduct justifying revocation of the Wastewater Discharge Permit.
(2) Within thirty days after the date of receipt of the notice, the discharger shall submit to the Superintendent in writing its response to the allegations.
(3) Thereafter, the parties shall meet to ascertain the veracity of the allegations and, where necessary, establish a plan for the satisfactory correction thereof in the form of a Consent Agreement.
(c) Show Cause Hearing (Third Level Enforcement).
(1) If:
A. A discharger fails to reach agreement with the Village in order to establish a Consent Agreement under subsection (b) hereof;
B. A discharger violates a Consent Agreement reached pursuant to subsection (b) hereof; or
C. A discharger is notified of the suspension of the Village's wastewater treatment service for the reasons set forth in Section 905.17(a)(2) or (3),
then the Superintendent may order said discharger to show cause before the Village's Utility Committee or its duly authorized representative why the discharger's permit should not be revoked, service to the discharger should not be terminated and administrative fines should not be levied.
(2) Written notice of the show cause hearing shall be served on the discharger by personal service or by certified or registered mail and shall specify the time and place of the show cause hearing.
(3) The notice shall state the reasons why the enforcement action is being taken and the proposed sanction (including any proposed administrative fine), and shall direct the discharger to show cause why the proposed action should not be taken.
(4) The notice shall be serve not less than ten days prior to the hearing, and may be served upon any agent, officer or authorized representative of a discharger, except in the event of a threatened suspension of wastewater treatment service for the reasons set forth in Section 905.17(a)(2) or (3), in which event the discharger shall be provided an opportunity to be heard at the time and place after service of the notice set by the Village's Utility Committee.
(5) At the hearing, the discharger shall be afforded an opportunity to be heard regarding the charges.
(6) At the conclusion of the hearing, the Village's Utility Committee or its designee may enter an order in the form of a compliance order and schedule, or a cease and desist order, and shall indicate any fine being levied.
(7) The discharger may appeal any such order in accordance with applicable Ohio law.
(Ord. 94-122. Passed 6-16-94.)