§ 52.131 SHOW CAUSE HEARING.

   (A)   The POTW Director may order any industrial user who causes or is responsible for an unauthorized discharge, has violated this chapter or is in noncompliance with a wastewater discharge permit to show cause why a proposed enforcement action should not be taken. In the event the POTW Director determines that a show cause order should be issued, a notice shall be served on the user specifying the time and place for the hearing, the proposed enforcement action, the reasons for the action, and a request that the user show cause 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)   The POTW Director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate.

   (C)   A show cause hearing under this section is not a prerequisite to the assessment of a civil penalty under § 52.999, nor is any action or inaction taken by the POTW Director under this section subject to an administrative appeal under § 52.052.

(Ord. passed 5-3-2007; Ord. passed 2-4-2013)