(a) The Department of Public Works may order any User who causes or allows an unauthorized discharge to show cause before the Department of Public Works why the proposed enforcement action should not be taken.
(1) A notice shall be served on the User specifying the time and place of the hearing to be held by the Department of Public Works 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 Department of Public Works why the proposed enforcement action should not be taken.
(2) The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Service may be made on any agent or officer of a corporation.
(b) The Department of Public Works shall conduct the hearing and take the evidence. The Department of Public Works is hereby empowered to:
(1) Issue in the name of the Department of Public Works notices of hearings, subpoenas requiring the attendance and testimony of witnesses, and subpoenas duces tecum for production of evidence relevant to any matter involved in such hearings;
(2) Take the evidence;
(3) Transcribe the testimony and record the evidence adduced at the hearing.
(c) At any hearing held pursuant to this article, testimony taken must be under oath and recorded stenographically, mechanically or electronically. The transcript, so recorded, will be made available to any party to the hearing upon payment of the usual charges thereof.
(d) After the Department of Public Works has reviewed the evidence, it may issue an order to the User responsible for the unauthorized discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(e) The final order of the Department of Public Works may be appealed to the Circuit Court of Wood County, West Virginia, for judicial review.
(Ord. O-3-08. Passed 7-24-08.)