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8409-93 Amending Articles 1 & 2 of Chapter 17 Pretreatment Requirements the Public Sewers
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8409-93 Amending Articles 1 & 2 of Chapter 17 Pretreatment Requirements the Public Sewers
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10/4/2012 10:16:41 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
8/23/1993
Ord-Res Number
8409-93
Bill Number
68-93
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Such user will be notified of the proposed termination of its <br /> discharge and be offered an opportunity to show cause as set out <br /> below why the proposed action should not be taken. Nothing in this <br /> section shall be interpreted, however, as requiring a hearing prior <br /> to emergency suspension under subsection (1) above. <br /> (1) Show Cause Hearing. The Director may order any user which <br /> causes or contributes to violations (s) of this ordinance, wastewater <br /> discharge permits, or orders issued hereunder, or any other <br /> pretreatment standard or requirements, to appear before the Director <br /> and show cause why a proposed enforcement action should not be <br /> taken. Notice shall be served on the user specifying the time and <br /> place for the hearing, the proposed enforcement action, the reasons <br /> for such action, and a request that the user show cause why this <br /> proposed enforcement action should not be taken. The notice of the <br /> hearing shall be served personally or by registered or certified <br /> mail (return receipt requested) at least ten (10) days prior to the <br /> hearing. Such notice may be served on any authorized representative <br /> of the user. Whether or not the user appears as ordered, immediate <br /> enforcement action may be pursued following the hearing date. A <br /> show cause hearing shall not be a prerequisite for taking any other <br /> action against the user. <br /> (m) Appeals . Any user affected by any decision, action or <br /> determination, including cease and desist orders, made by the <br /> Director, interpreting or implementing the provisions of this <br /> ordinance, may file with the Director a written request for <br /> reconsideration within ten (10) days of such decision, action, or <br /> determination, setting forth in detail the facts supporting the <br /> user' s request for reconsideration. <br /> If the ruling made by the Director is unsatisfactory to the <br /> person requesting reconsideration, he may, within ten (10) days <br /> after notification of action, file a written appeal to the Board of <br /> Public Works . The written appeal shall be heard by the Board within <br /> thirty (30) days from the date of filing. The Board of Public Works <br /> shall make a final ruling on the appeal within thirty (30) days of <br /> the close of the meeting. The Director' s decision, action, or <br /> determination shall remain in effect during such period of <br /> reconsideration and appeal . <br /> (n) Judicial Enforcement Remedies. Whenever a user has <br /> violated a pretreatment standard or requirement or continues to <br /> violate the provisions of this ordinance, wastewater discharge <br /> permits or orders issued hereunder, or any other pretreatment <br /> requirement, the Director may petition the Circuit or Superior Court <br /> for St . Joseph County for the issuance of a temporary or permanent <br /> injunction, as appropriate, which restrains or compels the specific <br /> performance of the wastewater discharge permit, order, or other <br /> requirement imposed by this ordinance on activities of the <br /> industrial user. Such other action as appropriate for legal and/or <br /> equitable relief may also be sought by the City. A petition for <br /> injunctive relief need not be filed as a prerequisite to taking any <br /> other action against a user, nor shall any other remedy herein be <br /> deemed a prerequisite to seeking injunctive relief. <br /> (0) The provisions of this section are not exclusive remedies. <br /> The City reserves the right to take any, all or a combination of <br /> these actions against a noncompliant user, separately or <br /> concurrently, and may also exercise any other remedies provided by <br /> law. <br /> (p) Annual publication of significant violators . The Director <br /> shall publish annually, in the largest daily newspaper published in <br /> thcl <br />
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