<div class="chunk-title">Sec. 70-171. - Enforcement.</div>
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               (a)
               
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               <span class="ital">Harmful contributions.</span> The county may suspend the wastewater treatment service and/or a wastewater contribution
               permit when such suspension is necessary, in the opinion of the county, 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 the county to violate any condition of its
               NPDES permit. 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 county 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 county shall reinstate the sewer
               connection 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
               county within 15 days of the date of occurrence.
               
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               (b)
               
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               <span class="ital">Revocation of permit.</span> Any user who violates the following conditions of this article, or applicable state
               and federal regulation, is subject to having his permit revoked in accordance with
               the procedures of subsection (a) of this section:
               
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               (1)
               
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               Failure of a user to factually report the wastewater constituents and characteristics
               of his discharge;
               
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               (2)
               
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               Failure of the user to report significant changes in operations, or wastewater constituents
               and characteristics;
               
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               (3)
               
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               Refusal of reasonable access to the user's premises for the purpose of inspection
               or monitoring; or
               
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               (4)
               
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               Violation of conditions of the permit.
               
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               (c)
               
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               <span class="ital">Notification of violation.</span> Whenever the county finds that any user has violated or is violating this article,
               wastewater contribution permit, or any prohibition, limitation or requirements contained
               in this article, the county 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 to the county by the user.
               
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               (d)
               
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               <span class="ital">Show cause hearing.</span> The county may order any user who causes or allows an authorized discharge to enter
               the POTW to show cause before the county commission why the proposed enforcement 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 county commission 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 county commission 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 ten days before the hearing.
               Service may be made on any agent or officer of a corporation. The county commission
               may itself conduct the hearing and take the evidence, or may designate any of its
               members or any officer or employee of the assigned department to:
               
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               (1)
               
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               Issue in the name of the county commission notices of hearings requesting the attendance
               and testimony of witnesses and the production of evidence relevant to any matter involved
               in such hearings;
               
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               (2)
               
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               Take the evidence;
               
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               (3)
               
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               Transmit a report of the evidence and hearing, including transcripts and other evidence,
               together with recommendations, to the county commission for action thereon.
               
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               (e)
               
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               <span class="ital">Testimony.</span> At any hearing held pursuant to this article, testimony taken must be under oath
               and recorded. A copy of the recording will be made available to any member of the
               public or any party to the hearing upon payment of the usual charges thereof.
               
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               (f)
               
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               <span class="ital">Discontinuance order.</span> After the county commission 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 or existing treatment facilities,
               devices or other related appurtenances are properly operated. Further orders and directives
               as are necessary and appropriate may be issued.
               
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               (g)
               
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               <span class="ital">Legal action.</span> If any person discharges sewage, industrial wastes or other wastes into the county's
               wastewater disposal system contrary to the provisions of this article, federal or
               state pretreatment requirements, or any order of the county, the county attorney may
               commence an action for appropriate legal and/or equitable relief in the circuit court
               of the county.
               
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               (h)
               
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               <span class="ital">Civil penalties.</span> Any user who is found to have violated an order of the county commission who willfully
               or negligently failed to comply with any provision of this article, and the orders,
               rules, regulations and permits issued hereunder, shall be fined not less than $100.00
               nor more than $1,000.00 for each offense. Each day on which a violation shall occur
               or continue shall be deemed a separate and distinct offense. In addition to the penalties
               provided herein, the county may recover reasonable attorneys' fees, court costs, court
               reporter's fees and other expenses of litigation by appropriate suit at law against
               the person found to have violated this article or the orders, rules, regulations and
               permits issued hereunder.
               
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               (i)
               
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               <span class="ital">Falsifying information.</span> Any person who knowingly makes any false statements, representation or certification
               in any application, record, report, plan or other document filed or required to be
               maintained pursuant to this article, or wastewater contribution permit, or who falsifies,
               tampers with, or knowingly renders inaccurate any monitoring device or method required
               under this article, shall, upon conviction, be punished by a fine of not more than
               $50.00 or by imprisonment for not more than six months, or by both fine and imprisonment.
               
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            <p class="historynote0">
               (Code 1993, Â§ 70-171)
               
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