A.
The JRSB may suspend the wastewater treatment service
and/or a wastewater contribution permit when such suspension is necessary,
in its opinion, in order to stop an actual or threatened discharge which presents
or may present an imminent or substantial endangerment to the health or welfare
of persons, to the environment, causes interference to the POTW or causes
violation of any condition of its NPDES permit.
B.
Any person notified of a suspension of the wastewater
treatment service and/or the wastewater contribution permit shall immediately
stop or eliminate the contribution. In the event of a failure of the person
to comply voluntarily with the suspension order, the JRSB shall take such
steps as deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the POTW system or endangerment to any individuals.
The JRSB shall reinstate the wastewater contribution permit and/or the wastewater
treatment service upon proof of the elimination of the noncomplying discharge.
A detailed written statement submitted by the user describing the causes of
the harmful contribution and the measures taken to prevent any future occurrence
shall be submitted to the JRSB within 15 days of the date of occurrence.
Any user who violates the following conditions of this chapter or applicable state and federal regulations is subject to having his or her permit revoked in accordance with the procedures of Article V of this chapter:
A.
Failure of a user to factually report the wastewater
constituents and characteristics of his or her discharge;
B.
Failure of the user to report significant changes in
operations or wastewater constituents and characteristics;
C.
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring; or
D.
Violation of conditions of the permit.
Whenever it is found that any user has violated or is violating this
chapter, wastewater contribution permit, or any prohibition, limitation of
requirements contained herein, the JRSB may serve upon such person a written
notice stating the nature of the violation. Within 30 days of the date of
the notice, a plan for the satisfactory correction thereof shall be submitted
by the user.
A.
The JRSB may order any user who causes or allows an unauthorized
discharge to enter the POTW to show cause before the JRSB why the proposed
enforcement action should not be taken. A notice shall be served on the user
specifying the time and place of a hearing to be held by the JRSB regarding
the violation, the reasons why the action is to be taken, the proposed enforcement
action, and directing the user to show cause before the JRSB why the proposed
enforcement action should not be taken. The notice of the hearing shall be
served personally or by registered or certified mail (return receipt requested)
at least 10 days before the hearing. Service may be made on any agent or officer
of a corporation.
B.
The Executive Director may itself conduct the hearing
and take the evidence, or may designate any of its members or any officer
or employee of the JRSB to:
(1)
Issue in the name of the JRSB or municipality notices
of hearings requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the JRSB
for action thereon.
C.
At any hearing held pursuant to this chapter, testimony
taken must be under oath and recorded stenographically. The transcript, so
recorded, will be made available to any member of the public or any party
to the hearing upon payment of the usual charges thereof.
D.
After the JRSB has reviewed the evidence, it may issue
an order to the user responsible for the discharge directing that, following
a specified time period, the sewer service be discontinued unless adequate
treatment facilities, devices or other related appurtenances shall have been
installed on existing treatment facilities, devices or other related appurtenances
are properly operated. Further orders and directives as are necessary and
appropriate may be issued.
If any person discharges sewage, industrial wastes or other wastes into
the wastewater disposal system contrary to the provisions of this chapter,
federal or state pretreatment requirements or any order of the JRSB, the JRSB
Attorney may commence an action for appropriate legal and/or equitable relief
in any court of this county having jurisdiction.
