1040.35 ENFORCEMENT.
   (a)   Suspension of Service.
      (1)   The Division may suspend wastewater treatment service to a user when it appears that an actual or threatened discharge presents a substantial danger to the health of persons or to the environment, interferes with the operation of the sewage works or violates any provision of these regulations, except Section 1040.30.
      (2)   Any user notified of the suspension of wastewater treatment service shall, within a period of time determined by the Division, cease all discharges. If the user fails to comply with the suspension order within the specified time, the Division may immediately commence judicial proceedings to compel the user's compliance with the order. The Division shall reinstate wastewater treatment service and terminate judicial proceedings upon proof by the user that the noncomplying discharge condition has been eliminated.
   (b)   Termination of Service. The Division may terminate wastewater treatment service to any user which fails to:
      (1)   Factually report the wastewater constituents and characteristic of its discharge;
      (2)   Report significant changes in wastewater constituents or characteristics;
      (3)   Permit reasonable access to the user's premises by Division personnel for the purpose of inspection or monitoring;
      (4)   Comply with any provision of these regulations; or
      (5)   Comply with the conditions of or any judicial order entered with respect to these regulations.
   (c)   Notification of Violation. Whenever the Division finds that any user has engaged in conduct which justifies termination of wastewater treatment service, the Division shall notify the user, in writing, stating the nature of the alleged violation. Within fifteen days of the date of receipt of the notice, the user shall respond personally or in writing to advise the Division of its position with respect to remedial measures.
   (d)   Show Cause Hearing. The Division may serve any user with a written notice specifying the time and place of a hearing to be held by the Division, or its designated representative, regarding violation of subsection (b) hereof. The notice shall include the reasons why an enforcement action is to taken, a description of the proposed enforcement action and shall direct the user to show cause why the proposed enforcement action should not be taken. The notice of hearing shall be served no less than fifteen days before the hearing and may be served on any agent, officer, or authorized representative of the user.
   (e)   Right of Appeal. Any user shall have the right to request, in writing, an interpretation or ruling by the Director on any matter covered by these regulations, and shall be entitled to a prompt written reply. In the event that the inquiry deals with enforcement activity relating to an alleged violation of these regulations, the receipt of the user's request shall suspend all enforcement proceedings pending receipt of the Director's written reply. Any final judgment order, issued pursuant to these regulations, may be appealed in accordance with local and State laws.
   (f)   Annual Publication. The Superintendent shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdictions served by the POTW, a list of the users which, at any time during the previous twelve months, were in significant noncompliance (as defined in Section 1040.02, Definitions) with applicable pretreatment requirements.
(Ord. 2014-09. Passed 4-7-14.)