BC 2013 08 19 Regular Meeting - Laserfiche WebLink

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August 19, 2013 (Regular Meeting) Page 1708 Director is empowered to take more than one enforcement action against any person in violation of the provisions of this ordinance SECTION 9 - ANNUAL PUBLICATION OF SIGNIFICANT NONCOMPLIANCE At least annually, the Executive Director shall publish in a newspaper of general circulation that provides meaningful public notice within the jurisdiction(s) served by the POTW, a list of those industrial users which were found to be in significant noncompliance, also referred to as reportable noncompliance in 15A NCAC 2H .0903(b)(10), with applicable pretreatment standards and requirements, during the previous 12 months. SECTION 10 - ADJUDICATORY HEARING ( -1a) Persons entitled to hearing. The following persons are entitled to a hearing pursuant to this section: (e1) an applicant for a wastewater discharge permit or other permit required by this ordinance who is denied a permit or is granted a permit subject to conditions which are unacceptable to the applicant; (b2) a user who is assessed a civil penalty pursuant to Section 8.2; (e3) a user to whom an order is issued pursuant to Section 8.1(d) or (e) . (fib) Demand for hearing. (-al) Any person entitled to a hearing pursuant to this section shall exercise such right as set forth in Section 4.3 (f) 2y 10 (b) (2) . Such demand shall be in writing and state separately each issue to be considered and such other matters as are hereinafter required. (-Ja2) Any person making a demand for a hearing shall deliver the demand to the Executive Director within the following applicable time limits after receipt of notice of the action to be heard: (v) 30 days for the denial of a permit required by this ordinance or for the grant of a permit required by this ordinance subject to conditions which are unacceptable to the applicant; (vi) 30 days of the assessment of a civil penalty; (vii) 20 days for a compliance order issued pursuant to Section 8.1(d); (viii)10 days for a cease and desist order issued pursuant to Section 8.1(e). ( -3c) Contents of demand. In the demand for a hearing to consider: (el) a permit granted subject to unacceptable conditions, the applicant must identify separately each unacceptable condition and every basis for such contention; (b2) a civil penalty assessment, the person to whom such penalty was assessed must state separately each reason why such penalty should not be assessed or, if the user contends that the civil penalty was assessed in an improper amount, each reason why the amount of the penalty is improper; and (e3) the issuance of an order, the person to whom such order is issued must identify separately each provision of the order which is improper and every basis for such contention. (-mod) Conduct of hearing. (-al) The hearing shall be conducted by the Executive Director and shall be subject to such rules as have been approved by