(a) If a user does not correct a violation in a timely manner after a first level enforcement action, the Director may order the user to pay an administrative fine and appear at a Director's hearing.
(b) Whenever the County finds that any user has engaged in conduct which justifies revocation of a wastewater discharge permit pursuant to this Chapter, the Director shall serve or cause to be served upon such user a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation and the amount of the administrative fines, charges and fees. Within thirty (30) days of the date of receipt of notice, the user shall respond personally or in writing, advising the County of its position with respect to the allegations. Thereafter the parties shall meet in a Director's hearing to ascertain the veracity of the allegations and where necessary, establish a plan for the satisfactory correction of the violation in the form of a consent order. Failure to comply with a consent order is a violation of Section 925.43 and warrants escalation to a show cause hearing. Actions taken from this section shall be termed a second level enforcement action.
(c) The Director may order a user which has violated, or continues to violate, any provision of this Chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) calendar days prior to the hearing. Such notice may be served on any authorized representative of the user and required by Section 925.15(a). A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(d) The Director of Sanitary Sewer Services or the Director's representative shall conduct the hearing and shall determine the order in which the hearing shall proceed.
(e) At the hearing, the user or the Authorized Representative of the user or the user's attorney or technical consultant shall be permitted to present the user's position, arguments and contentions. Evidence may be admitted and witnesses may be examined and cross-examined to either support the user's position or to refute evidence and testimony offered by the County. 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 user nor the authorized representative of the user appear at the hearing, the Director shall proceed with the hearing. A written record of the hearing proceedings shall be kept and copies supplied to all parties involved.
(f) Within thirty (30) days from the date of the hearing, the Director shall render a 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 citation compliance schedule or termination of wastewater treatment services and the wastewater discharge permit of the user. The decision of the Director shall be a final administrative order and any user adversely affected by such decision may appeal to the County of Summit Court of Common Pleas according to law.
(Ord. 2008-375. Adopted 9-29-08; Ord. 2015-555. Adopted 12-14-15.)