(A) Generally. The borough may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Borough Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Borough Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Borough Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
(B) Hearing procedure.
(1) Within five days of mailing of the borough’s notice to the uses, the user, who has received notice of intended suspension or revocation or has been subjected to suspension or revocation, may request of the borough in writing, addressed to the borough, an opportunity to be heard. The said hearing shall be a show cause hearing at which the user shall be afforded an opportunity to show cause why the proposed enforcement action should not be taken. Notice of the time and place of the said hearing regarding the violation, together with the statement of reasons that the said action is being taken shall be forwarded to the user by the borough within five days after receipt of request for the said hearing from the user. The said notice of hearing shall be served personally or by registered or certified mail upon the user. The said hearing shall thereafter commence with the commencement date to be no later than ten days after receipt of the request for a hearing from the user,
(2) The hearing shall be conducted by the Borough Council.
(3) The Borough Council shall hear the case pending and present a majority finding which shall be binding on the parties. The said Borough Council may:
(a) Issue in the name of Borough Council notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing;
(b) Take the evidence in accordance with the rules of evidence applicable to local agency hearings under the laws of the commonwealth; and
(c) Provide a record and report of the evidence and hearing including transcripts and other evidence.
(4) At any hearing held pursuant to this chapter and regulations, testimony shall be taken under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
(5) The full cost of the said hearing including stenographers’ fees, cost of meeting room, duplication fees and any other such costs, shall be borne exclusively by the user requesting the hearing, and to that end, prior to the inception of the hearing process, the user shall deposit with the borough, the sum of $1,500 as an advance against costs, the balance, if any, shall be returned to the user at the conclusion of the hearing process. In no event shall any hearing be commenced without the advance payment of the said cost and the failure to advance and pay the said cost shall be considered as a waiver of the right of hearing herein before provided for. The borough shall have the right to alter the amount of cost deposit required where it appears to the borough that the matter is not so completed or time consuming as to generate such a large cost.
(6) After review of the evidence and the findings and in accordance therewith, the borough may issue an order in the form required by the local agency law to the user responsible for the discharge directing that, following a specified time period, the service will be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities and devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(Ord. 1-1985, passed 1-14-1985)