CHAPTER 19. WASTEWATER DISCHARGE AND TREATMENT.
Article VI. Enforcement and Penalties.
Sec. 19-6-2. Correction notice/notice of violation/show cause hearing.
(a) Whenever the director finds that any user has violated, is violating,
threatens to violate, or continues to violate, this chapter, a wastewater
discharge permit, or any pretreatment standard or pretreatment requirement, and
the director determines that the violation is minor in nature, the director may
issue a correction notice to the user.
(b) Whenever the director finds that
any user has violated, is violating, threatens to violate, or continues to
violate, this chapter, a wastewater discharge permit, or any pretreatment
standard or pretreatment requirement, the director may serve upon such user a
written notice of violation containing the director's findings. Within thirty
days of the date of the notice of violation, the user shall submit to the
director a technical report and response consisting of an explanation of the
violation and a plan for the satisfactory correction and prevention of
reoccurrences thereof, including specific required actions and proposed dates
for completion of such action. Submission of this response shall not relieve the
user of liability for any violations occurring either before or after receipt of
the notice of violation.
Nothing in this section shall limit the authority
of the director to take any action, including emergency actions or any other
enforcement action, without first issuing a notice of violation.
(c) As a
part of a notice of violation or in lieu thereof, a user may be ordered by the
director to show cause why a proposed enforcement action should not be taken. A
show cause order shall be served on the user specifying the time and place of
the hearing regarding the violation, the reasons why the action is to be taken,
the proposed enforcement action, and directing that the user show cause before
the director why the proposed enforcement action should not be taken. The show
cause order shall be served personally or by registered or certified mail
(return receipt requested) at least ten days before the hearing. A show cause
hearing shall not be a bar against, or prerequisite for, taking any other action
against the user.
(d) In the event of the issuance of a show cause order
pursuant to this section, the director shall conduct the hearing
(1) Issue in the name of the city notices of hearing requesting the
attendance and testimony of witnesses and the production of evidence relevant to
any matter involved in such hearings;
(2) Take the evidence;
(3) Prepare a report of the evidence and hearing, together with
recommendations for action thereon. (Ord. No. 1271, § 1 (part).)