1050.23 ENFORCEMENT; CITATIONS; HEARINGS.

   (a)    No discharger shall violate any of the provisions, regulations or requirements of this chapter.

   (b)    The City will issue orders to industrial users to convey industrial discharge requirements and reporting requirements.

   (c)    The City Engineer may issue orders to any industrial user to require compliance with any requirements under this chapter, including applicable categorical pretreatment standards, other discharge limits and reporting requirements.

   (d)    Whenever the City Engineer finds a discharger in violation of this chapter, he may serve written notice upon the violator giving a brief and concise description of the violation and directing compliance with this chapter within ten days.

      Service of the notice shall be made personally or by certified mail upon the discharger or authorized representative of the industrial user.

   (e)    When the violation has not been corrected as directed by the City Engineer, the City Engineer may issue a written citation to the discharger. The citation shall contain a brief and concise description of the particulars of the violation, as well as the time and place of a hearing. The date of the hearing shall be no earlier than thirty days nor later than sixty days from the date of service. Service of the citation shall be made personally or by certified mail upon the discharger or authorized representative of the industrial user. Service is complete on the date of mailing.

   The Director of Public Service shall be the officer before whom the hearing shall be conducted. He shall determine the order in which the hearing shall proceed.

   At the hearing, the discharger or its representative or attorney shall be permitted to present its position, arguments and contentions. Evidence may be admitted and witnesses may be examined and cross-examined to either support the discharger's position or to refute evidence and testimony offered by the City Engineer. Further, the right to proffer evidence into the record shall be recognized. All witnesses shall be placed under oath and the Director shall permit subpoenas to be issued upon written request. If neither the discharger nor its authorized representative appears at the hearing, the Director shall proceed with the hearing.

   Within thirty days from the date of the hearing, the Director shall render his decision, in writing, supported by conclusions of fact supporting his decision, to all parties. The Director may order any appropriate relief, including dismissal of the City Engineer' s citation or termination of wastewater treatment services to the discharger. The decision of the Director shall be a final administrative order and any discharger adversely affected by such decision may appeal to the Common Pleas Court according to law.
(Ord. 1991-230. Passed 1-21-92.)