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1993-01-01
CITY-OF-BATESVILLE
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1993-01-01
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Page 34 <br /> 10 .4 Cease and Desist Orders <br /> When the Manager finds that a user is violating this ordinance, <br /> the user's wastewater discharge permit, any order issued hereunder, or <br /> any other pretreatment standard or requirement, or that the user's past <br /> violations are likely to recur, the Manager may issue an order to the <br /> user directing it to cease and desist all such violations and directing <br /> the user to: <br /> A. Immediately comply with all requirements . <br /> B. Take such appropriate remedial or preventive action as may <br /> be needed to properly address a continuing or threatened <br /> violation, including halting operations or terminating the <br /> discharge. <br /> Issuance of a cease and desist order shall not be a prerequisite <br /> to taking any other action against the user. <br /> 10 .5 Show Cause Hearings on Proposed Administrative Action <br /> A. The Manager may order any user which violates this <br /> ordinance, any wastewater discharge permit, any order issued <br /> hereunder, or any other pretreatment standard or <br /> requirement; causes or contributes to a violation of this <br /> ordinance, wastewater discharge permits, or orders issued <br /> • hereunder, or any other pretreatment standard or <br /> requirement, to appear before the Batesville Utilities <br /> Commission to show cause why a proposed administrative <br /> enforcement action should not be taken. Notice shall be <br /> served on the user specifying the time and place for the <br /> show cause hearing, the proposed enforcement action, the <br /> reasons for such action, and a request that the user show <br /> cause why this proposed enforcement action should not be <br /> taken. The notice of the hearing shall be served at least <br /> ten ( 10) working days prior to the hearing. Such notice may <br /> be served in any method or manner permitted under Arkansas <br /> Law, or Arkansas Rules of Civil Procedure. Service of <br /> notice shall be sufficient when served by certified mail, <br /> return receipt requested, and delivered to the addressee <br /> only, at the address of the user shown on any wastewater <br /> discharge permit issued it by the Batesville Utilities <br /> Commission. Whether or not the user appears as ordered, <br /> immediate enforcement action may be pursued following the <br /> hearing date. A show cause hearing shall not be a <br /> prerequisite for taking any other action against the user. <br /> B. Any user who objects to any proposed administrative <br /> enforcement action may request a hearing to show cause to <br /> the Batesville Utility Commission why such enforcement <br /> action should not be taken. <br /> • <br />
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