The Utilities Director, or any agent designated by him or her from time to time, shall be responsible to enforce the provisions of this chapter as follows:
(a) If the Director, or his or her designated agent, reasonably believes that any user has violated any provision of this chapter, the Director shall serve, or cause to be served upon such user a written notice of violation identifying the violation. The user may appeal such notice of violation by written notice setting forth the reason(s) for the appeal and requesting a hearing as provided in this section, if desired, received by the Director not later than 15 days after service of the notice of violation upon the user.
(b) If the Director, or his or her designated agent, reasonably believes that any user is in violation of any provision of this chapter, the Director may serve, or cause to be served, a written administrative order, either personally or by certified mail, return receipt requested, upon such user. Such administrative order shall identify the violation, indicate the action necessary to be taken by the user to achieve compliance with respect to such violation, and may, in the discretion of the Director, impose an administrative fine in an amount not to exceed one thousand dollars ($1,000) per day for each violation during the period of such violation(s). The user may appeal such administrative order by written notice, setting forth the reason(s) for the appeal and requesting a hearing as provided in this section, if desired, received by the Director not later than 15 days after service of the administrative order upon the user.
(c) Upon timely receipt of a written notice of appeal and request for a hearing as provided in subsections (a) and (b) hereof, or in the absence of such notice of appeal and request for a hearing, at the discretion of the Director when there is any failure of timely compliance with an administrative order, the Director, or his or her designated agent, shall conduct a hearing not less than three nor more than seven days following receipt by the user of written notice of the scheduled hearing date. The time for conducting such hearing may be extended by the Director, or his or her designated agent, in his or her discretion and for good cause, for a period not to exceed seven days following the originally scheduled hearing date. In the case of timely appeal and request for a hearing by the user, such hearing shall be for the purpose of considering the notice of violation or the administrative order from which the appeal is taken, including, but not limited to, whether or not a violation has occurred, the reasonableness of the compliance schedule proposed for correcting a violation, the reasonableness or appropriateness of an administrative fine, or extenuating circumstances. In the case of a hearing conducted at the discretion of the Director when there is any failure of timely compliance with an administrative order, such hearing shall be for the purpose to permit the user to show cause why the enforcement action should not be taken and/or the administrative fine should not be imposed. The hearing shall be conducted in such a manner and such evidence and information shall be considered as may be determined to be appropriate under the circumstances in the discretion of the Director or his or her designated agent. Upon the hearing, the Director, or his or her designated agent, may sustain, withdraw, or modify, in whole or in part, the notice of violation or the administrative order which is the subject of such hearing. The Director, or his or her designated agent, shall serve, or cause to be served, upon the user a copy of his or her written decision. The industrial user may appeal such decisions as otherwise provided by law.
(d) For purposes of this section, service of any notice of violation, administrative order or other notice provided herein, shall be proper when made on any agent, officer or authorized representative of a user.
(e) The City’s Industrial Pretreatment Program Enforcement Response Guide (ERG), as approved by Ohio EPA, shall be used to determine appropriate enforcement action for users subject to the requirements of the Industrial Pretreatment Program.
(Ord. A-2051. Passed 8-26-96; Ord. A-2405. Passed 11-8-04; Ord. A-2743. Passed 12-10-12; Ord. A-2773. Passed 11-11-13; Ord. A-2788. Passed 6-23-14.)