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(a) Upon discovery of a violation of any City, state or federal environmental law, standard, order, rule or regulation, the Commissioner of Pollution Control or his designee shall serve a notice of violation upon the violator. The notice of violation shall identify the specific violation, the applicable law, standard, order, rule or regulation, the possible penalties for noncompliance, and a recommendation for remedial action.
(b) Upon receipt of the notice of violation, the violator shall have fourteen calendar days to abate the violation or provide for a remedy acceptable to the Commissioner.
(c) When the time period for response and remedy has elapsed, the Commissioner may issue findings and orders to the violator. Such findings and orders shall include the factual and legal basis for the Commissioner's action, a mandatory program for remedial action and the penalties that will be assessed for past and future noncompliance. For the purpose of appeal, the findings and orders issued by the Commissioner shall constitute a final order.
(d) In the event that the Commissioner has reasonable cause to determine that any person is causing air, water, land or noise pollution which would constitute an emergency, requiring immediate action to protect the public health, welfare, safety or property of the people of the City, the Commissioner shall take the immediate and necessary action to abate and eliminate the pollution. Such an action shall be deemed a final order of the Commissioner for the purpose of an appeal.
(Ord. 46-93. Passed 2-2-93.)
Any records, books, files, reports or other information furnished to or obtained by the Administrator or his employees and/or his agents for which the owner has requested confidential treatment shall not be published or made available to the public by the Agency or the Appeals Board unless it has been determined by the Administrator that such records, books, files, reports or other information are not entitled to such confidential treatment. The Administrator shall use as the basis for this decision Ohio R.C. 3704.08, which addresses the subject of trade secrets. Emissions information shall not be considered confidential.
(Ord. 646-80. Passed 9-16-80.)
The Commissioner, or his employees or agents, shall not render himself personally liable for any damage that may accrue to persons or property as a result of any action taken in the discharge of his duties while performing a governmental function authorized by this Pollution Control Code.
(Ord. 46-93. Passed 2-2-93.)
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