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AG 1995 04 17
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AG 1995 04 17
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Last modified
3/25/2002 4:35:46 PM
Creation date
11/27/2017 11:57:09 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
4/17/1995
Board
Board of Commissioners
Meeting Type
Regular
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for any violations occurring before or after receipt of the Notice of <br />Violation. <br /> <br />Consent Order. The Executive Director is hereby empowered to enter into <br />Consent Orders, assurances of voluntary compliance, or other similar <br />documents establishing an agreement with the person responsible for the <br />noncompliance. Such orders will include specific action to be taken by the <br />discharger to correct the noncompliance within a time period also specified <br />by the order. Consent Orders shall have the same force and effect as an <br />Administrative Order issued pursuant to Section 10-8.1 (d), of this Article. <br /> <br />Show Cause Hearing. The Executive Director may order any industrial user who <br />causes or is responsible for an unauthorized discharge, has violated this <br />Article or is in noncompliance with a wast.water discharge permit to show <br />cause why a proposed enforcement action should not be taken. In the event <br />the Executive Director determines that a show cause order should be issued, <br />a notice shall be served on the user specifying the time and place for the <br />hearing, the proposed enforcement action, the reasons for such action, and a <br />request that the user show cause why this proposed enforcement action should <br />not be taken. The notice of the hearing shall be served personally or by <br />registered or certified mail (return receipt requested) at least ten (10) <br />days before the hearing. Service may be made on any agent or officer of a <br />corporation. <br /> <br />The Executive Director shall review the evidence presented at the hearing and <br />determine whether the proposed enforcement action is appropriate. <br /> <br />A show cause hearing under this section is not a prerequisite to the <br />assessment of a civil penalty under Section 10-8.2 nor is any action or <br />inaction taken by the Executive Director under this section subject to an <br />administrative appeal under Section 10-4.2(h). <br /> <br />Administrative Order. When the Executive Director finds that an industrial <br />user has violated or continues to violate this Article, permits or orders <br />issued hereunder, or any other pretreatment requirement the Executive <br />Director may issue an order to cease and desist all such violations and <br />direct those persons in noncompliance to do any of the following: <br /> <br />1. Immediately comply with all requirements; <br /> <br />Comply in accordance with a compliance time schedule set forth in the <br />order; <br /> <br />Take appropriate remedial or preventative action in the event of a <br />continuing or threatened violation; <br /> <br />Disconnect unless adequate treatment facilities, devices or other <br />related appurtenance are installed and properly operated within a <br />specified time period. <br /> <br />Appeals of Administrative Orders issued in accordance with this section shall <br />be as provided in Section 10-4.2(h). <br /> <br />Emergency Suspensions. The Executive Director may suspend the wastewater <br />treatment service and/or wastewater permit when such suspension is necessary <br />in order to stop an actual or threatened discharge which presents or may <br />present an imminent or substantial endangerment to the health or welfare of <br />persons or the environment, interferes with the POTW or causes the POTW to <br />violate any condition of its NPDES or Non-discharge permit. <br /> <br />Any user notified of a suspension of the wast.water treatment service and/or <br />the wast.water permit shall immediately stop or eliminate the contribution. <br />A hearing will be held within fifteen (15) days of the Notice of Suspension <br />to determine whether the suspension may be lifted or the user's wastewater <br />discharge permit terminated. In the event of a failure to comply voluntarily <br />with the suspension order, the Executive Director shall take such steps as <br /> <br />62 <br /> <br /> <br />
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