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June 18, 2007 (Regular Meeting) <br />Page 467 <br />or the environment; cause interference; or cause WSACC to violate <br />any condition of its NPDES or non-discharge permits. The suspension <br />shall be effective in accordance with the provisions of the order <br />of suspension upon service on the user responsible for such <br />discharge The order shall identify each pollutant in the discharge <br />which is the basis for the suspension and the potential effect each <br />pollutant either singly or in combination with one or more <br />pollutants will or may have upon any person the environment, the <br />POTW and/or NPDES or non-discharge permit of WSACC. The order shall <br />also set a date for a hearing to be held in accordance with Section <br />8.1 (f)(3). <br />(2) Any user when served with an order that its wastewater <br />treatment service and/or any wastewater discharge permit is <br />suspended shall immediately stop or eliminate the introduction or <br />contribution of wastewater into the POTW. The user shall prepare a <br />written response to such an order and shall serve such statement on <br />WSACC within five (5) calendar days after the service of the order <br />or two (2) business days prior to the hearing, whichever date is <br />earlier. The statement shall: identify every provision of the order <br />which the user believes to be inaccurate; set forth a complete <br />basis for such belief; describe in detail the circumstances which <br />resulted in the discharge described in the order of suspension; and <br />describe such measures as have been taken or are Proposed by the <br />user to prevent a future similar discharge. Failure to prepare and <br />serve the statement in a timely manner shall constitute a waiver by <br />the user of its right to a hearing: <br /> (3) A hearing shall be held as soon as reasonably possible and in no <br /> event later than fifteen (15) calendar days of service of the order <br /> unless waived by the user. The hearing shall be conducted in the <br /> manner set forth in Section 9.3 (f); provided that, such changes <br /> shall be made by the Executive Director in the conduct of the <br /> hearing as are reasonably necessary to permit an expedited hearing. <br /> The Executive Director shall determine whether the suspension shall <br /> be lifted or the user's permit terminated. Such decision shall be <br />' issued in writing as soon as possible and in any event within two <br /> (2) business days after the conclusion of the hearing. <br /> (4) The Executive Director may take such action as is reasonably <br /> necessary or convenient to prevent the continued introduction or <br /> contribution of wastewater into the POTW by the user, including, <br /> but not limited to, the immediate severance of the sewer connection <br /> between the user's facilities and the POTW. <br />(5) Nothing in the section may be construed to require that a <br />hearing be conducted prior to any emergency suspension authorized <br />by this section or limit the authority of WSACC under this section <br />as a result• of one or more other actions taken by WSACC to secure <br />the user's compliance with the provisions of this ordinance and/or <br />permit or order issued pursuant to this ordinance, the pendency of <br />a demand by the user for a hearing pursuant to Section 4.3 (f); or <br />the pendency of judicial review. <br />(6) For the purposes of this section "calendar days" refers to <br />and includes any Saturday Sunday or holiday. For purposes of this <br />section "business day" refers to and includes any day which WSACC <br />is open to the public to conduct business. <br />-~ <br />and/e~ the s ash aa-te~rye~m}t sha ' mm d'ate' •- ^" ""' <br />