HomeMy WebLinkAbout1986-10-02-R RESOLUTION #
A RESOLUTION DESIGNATING THE MANAGER OF THE BATESVILLE UTILITY
DEPARTMENT TO CONDUCT SHOW CAUSE HEARINGS AND TAKE OTHER SUCH ACTS
AS MAY BE NECESSARY FOR THE ENFORCEMENT OF THE ENVIRONMENTAL
STANDARDS REGULATIONS PERTAINING TO WASTEWATER PRETREATMENT AND
DISCHARGE PURSUANT TO CHAPTER 10 . 36 OF THE BATESVILLE MUNICIPAL
CODE; AND FOR OTHER PURPOSES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE,
ARKANSAS, AS FOLLOWS:
SECTION 1 : That pursuant to Section 10 . 36 . 05 ( 5 . 4 .1 ) of the
Batesville Municipal Code, the City Council does hereby designate
and appoint the Manager of the Batesville Utilities Department as
their agent to conduct a show cause hearing for the determination
of violation and enforcement of the environmental standards regu-
lations. Said Manager of the Batesville Utility Department is
hereby empowered to take such acts and to do such things as are
necessary to effectuate the enforcement of said environmental
standards regulations and such acts by said Manager shall be with
the same force and effect as if taken by the City Council. Said
Manager shall have the authority to order any user of the Batesville
Wastewater Treatment Facility to show cause before him why enforce-
ment action should not be taken for an alleged unauthorized dis-
charge into the Batesville Wastewater Treatment Facility. Said
Manager shall issue such notices as may be required to the user
specifying the time and place of a hearing to be held by him
regarding the alleged violation, the reasons why the action is to
be taken, the proposed enforcement action, and directing the user
to show cause before the Manager why the proposed enforcement
action should not be taken. The action of the hearing shall be
served personally or by registered or certified mail (return
receipt requested) at least ten (10 ) days prior to said hearing.
Service may be had on any agent or officer of a corporation. The
Manager shall conduct the hearing and take the evidence at show
cause hearing and the Manager shall further have the authority to
issue in the name of the City Council notices of hearings request-
ing the attendance and the testimony of witnesses and the pro-
duction of evidence relevant to any matter involved in such
hearings, take evidence, and otherwise conduct said hearing and the
Manager shall then transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommend-
ations to the City Council for action thereon. Said testimony
shall be taken under oath and recorded stenographically. Said
transcript shall be available to any member of the public or any
party to the hearing upon payment of the usual charges thereof.
SECTION 2 : The Manager shall be afforded such resources as are
necessary to conduct said hearing and he shall be further granted
such authority as is necessary to perform the obligations and
duties imposed upon him as more fully described above.
ADOPTED this day of 1986 .
APPROVED:
Jim Shir e
.
n 11, Mayor
ATTEST: n.
Hon. Larry( Williams, City Clerk