8409-93 Amending Articles 1 & 2 of Chapter 17 Pretreatment Requirements the Public Sewers

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