84-040 Ordinance - Laserfiche WebLink

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e 14M.00.1 (c) When the violation has not been corrected as directed by the Service Director, the Service Director may issue a written citation to the Discharger. The citation shall contain a brief and concise description of the particulars of the violation, the proposed enforce- ment action, as well as the time and place of a hearing. The date of the hearing shall be no earlier than 30 days nor later than 60 days from the date of service. Service of the citation shall be made per- sonally or by certified mail upon the Discharger or Authorized Representative of the Industrial User. Service is complete on date of mailing. The City's Service Director shall be the officer before which the hearing shall be conducted. He shall determine the order in which the hearing shall proceed. At the hearing the Discharger or its representative or attorney shall be permitted to present its position, arguments and conten- tions. Ebidence may be admitted and witnesses may be examined and cross-examined to either support the Discharger's position or to refute evidence and testimony offered by the City Engineer. Further, the right to proffer evidence into the record shall be recognized. All witnesses shall be placed under oath and the City Service Director shall permit subpoenas to be issued upon written request. If neither the Discharger nor its Authorizeci Representative appear at the hear- ing, the City Service Director shall proceed with the hearing. Within 30 days from the date of the hearing, the City Service Director shall render his decision in writing, supported by conclu- sions of fact supporting his decision, to all parties. The City Serv- ice Director may or8er any appropriate relief including dismissal of the City Engineer's citation or termination of wastewater treatment services to the Discharger. The decision of the City Service Director shall be a final administrative order anc3 any Discharger adversely affected by such decision may appeal to the common pleas court accor8- ing to law. (d) Emergency Suspension of Service. The City may for good cause shown suspend the wastewater treatment service to a Discharger when it appears to the City that an actual or threatened discharge presents or threatens an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interference with the operation of the POTW, or violation of any pretreatment limits imposed by this Ordinance. Any Discharger notified of the supension of the City•s wastewater treatment service shall within a reasonable period of time, as determined by the City, cease all discharges. In the event of failure of the discharger to comply voluntarily with the suspension order within the specified time, the City shall commence judicial proceedings immediately thereafter to compel the Discharger's compliance with such order. The City shall reinstate the wastewater treatment service and terminate judicial proceedings pending proof by the Discharger of the elimination of the noncomplying discharge or conditions creating the threat of imminent or susbstantial danger as set forth above. -12-