§ 10-25. Enforcement procedures.

(a)

Notification of violation. Whenever the director finds that any person has violated or is violating or is violating this article, or any prohibition, limitation or requirement contained herein, he may serve upon such person a written citation stating the nature of the violation and providing a reasonable time, not to exceed thirty (30) days, for the satisfactory correction thereof. Should a discharge contain pollutants which could totally wreck the biological makeup of the city treatment facility, the director may without prior notice disallow further discharge until the problem is rectified.

(b)

Show cause hearing.

(1)

If the violation is not corrected by timely compliance, the director may order any person who causes or allows unauthorized discharge to show cause before the hearing authority why service should not be terminated. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the hearing authority regarding the violation and directing the offending party to show cause before said authority why an order should not be made directing the termination of service. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.

(2)

The hearing authority may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the assigned department to:

a.

Issue in the name of the hearing authority notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings.

b.

Take the evidence.

c.

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the hearing authority for action thereon.

(3)

At any public hearing, testimony taken before the hearing authority or any person designated by it, must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any part of the hearing upon payment of the usual charges therefor.

(4)

After the hearing authority has reviewed the evidence, it may issue an order to the party responsible for the 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, and such further orders and directives as are necessary and appropriate.

(5)

The hearing authority may make recommendations and request recommendations from ADEM. The authority may request enforcement by ADEM. Should the offending party decide not to cease discharging pollutants, the director may request ADEM to proceed with legal action against the offending party.

(c)

Legal action. Any discharge in violation of the substantive provisions of this article or an order of the hearing authority shall be considered a public nuisance. If any person discharges sewage, industrial wastes or other wastes into the city treatment system contrary to the substantive provisions of this article or any order of the hearing authority the corporation counsel/city attorney shall commence an action for appropriate legal and/or equitable relief in the circuit court of this county. Legal action may be taken by the ADEM upon request being made by the director.

(Ord. No. A-18a, § 6, 3-21-83)