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Ordinance 1308-86
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Ordinance 1308-86
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1/18/2018 10:44:10 AM
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Ordinances
Ordinance Number
1308-86
Date
11/12/1986
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1 exceed 05,000 ) . A written notice shall be served on the Discharger by <br /> 2 personal service, certified or registered mail, return receipt requested, <br /> 3 specifying the time and place of a hearing to be held by the Director <br /> 4 regarding the violation, the reasons why the enforcement action is to be <br /> 5 taken, the proposed enforcement action, and directing the Discharger to show <br /> 6 cause before the Director why the enforcement action should not be taken. <br /> 7 The notice of the hearing shall be served no less than ten (10 ) days before <br /> 8 the hearing. Service may be made on any agent, officer, or authorized <br /> 9 representative of a Discharger . The proceedings at the hearing shall be <br /> 10 considered by the Director , which shall then enter appropriate orders with <br /> 11 respect to the alleged violations of the Discharger . Appeal of such orders <br /> 12 may be taken by the Discharger in accordance with Section G herein. <br /> 13 E. Judicial Proceedings by City. Following the entry of any <br /> 14 order by the Director with respect to the violation by a Discharger of this <br /> 15 ordinance, the Director may commence an action for appropriate legal and/or <br /> 16 equitable relief in the appropriate local court. <br /> 17 F. Enforcement Actions--Annual Publication. In compliance with <br /> 18 40 CFR 403.8(f) 2(vii) , a list of all significant Dischargers which were in <br /> 19 significant violation of this ordinance during the twelve (12) previous <br /> 20 months shall be annually published by the Director in the largest daily <br /> 21 newspaper summarizing the violation and the enforcement actions taken, if <br /> 22 any, against the Dischargers during the same twelve (12) months whose <br /> 23 violations remained uncorrected 45 or more days after notification of <br /> 24 noncompliance; or which have exhibited a pattern of noncompliance over that <br /> 25 twelve-month period, or which involve failure to accurately report <br /> 26 noncompliance; or which results in the Director exercising its emergency <br /> 27 authority under Section 9 (A) of this ordinance. <br /> 28 G. Right of Appeal of Discharger. Any Discharger or any <br /> 29 interested party shall have the right to request in writing an <br /> 30 interpretation or ruling or order by the Director on any matter covered by <br /> 31 this section or this ordinance and shall be entitled to a prompt, written <br /> 32 <br /> 19 <br />
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