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Ordinance 2034-95
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Ordinance 2034-95
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Ordinances
Ordinance Number
2034-95
Date
1/4/1995
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C. Users desiring to appeal and dispute such fines must file a written request for the <br /> Director to reconsider the fine along with full payment of the fine amount within <br /> ten (10) days of being notified of the fine. The Director shall convene a hearing on <br /> the matter within seven (7) days of receiving the request from the user. In the <br /> event the user's appeal is successful, any payments made shall be returned to the <br /> user. Affirmance or modification of an administrative fine by the Public Works <br /> Director shall relate back to the original date of assessment. <br /> The City shall recover the costs of preparing administrative enforcement actions, <br /> such as notices and orders, including the cost of additional inspections, sampling <br /> and analysis, and may add them to the fine. <br /> D. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, <br /> taking any other action against the user. <br /> E. Users seeking judicial review of administrative fines must do so by filing a Petition <br /> for Review in the Snohomish County Superior Court within thirty (30) days of the <br /> decision of the Director. <br /> 9.7 Emergency Suspensions <br /> The Director may immediately suspend a user's discharge (after informal notice to the <br /> user) whenever such suspension is necessary to stop an actual or threatened discharge <br /> which reasonably appears to present or cause an imminent or substantial endangerment to <br /> the health or welfare of persons. <br /> The Director may also immediately suspend a user's discharge (after informal notice and <br /> opportunity to respond) that threatens to interfere with the operation of the POTW, or <br /> which presents or may present an endangerment to the environment. <br /> A. Any user notified of a suspension of its discharge shall immediately stop or <br /> eliminate its contribution. In the event of a user's failure to immediately comply <br /> voluntarily with the suspension order, the Director shall take such steps as deemed <br /> necessary, including immediate severance of the sewer connection, to prevent or <br /> minimize damage to the POTW, its receiving stream, or endangerment to any <br /> individuals. <br /> The Director shall allow the user to recommence its discharge when the user has <br /> demonstrated to the satisfaction of the City that the period of endangerment has <br /> passed, unless the termination proceedings in Section 9.8 of this ordinance are <br /> initiated against the user. <br /> B. A user that is responsible, in whole or in part, for any discharge presenting <br /> imminent endangerment shall submit a detailed written statement, describing the <br /> causes of the harmful contribution and the measures taken to prevent any future <br /> occurrence, to the Director prior to the date of any show cause or termination <br /> hearing under Sections 9.3 and 9.8 of this ordinance. <br /> Nothing in this section shall be interpreted as requiring a hearing prior to any emergency <br /> suspension under this section. <br /> 41 <br />
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