Whenever the Superintendent of the Department
of Public Works finds that any person has violated or is violating
these rules and regulations, prohibitions, limitations or requirements
contained herein, he may serve upon such person a written notice stating
the nature of the violation and providing a reasonable time, not to
exceed 30 days, for the satisfactory correction thereof.
A.
If the violation is not connected by timely compliance,
the Superintendent of the Department of Public Works may order any
person who causes or allows an unauthorized discharge to show cause
before the local Utility why service should not be terminated. A written
notice shall be served on the offending party specifying the time
and place of a hearing to be held by the Utility regarding the violation
and directing the offending party to show cause before the local Utility
why an order should not be made directing the termination of the service.
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 office of a corporation.
B.
The local Utility may itself conduct the hearing and
take the evidence or may designate any of its members or any officer
or employee to:
(1)
Issue, in the name of the local utility, notices of
hearings requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in any
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
local Utility for action thereon.
C.
At any public hearing, testimony taken before the
hearing authority, or any person designated by it, must be under oath
and must be 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 therefor.
D.
Alter the local Utility has reviewed the evidence,
it may issue an order to the party responsible for the discharge directing
that, following a specified time period, the sewer service be discontinued
unless adequate pretreatment facilities, devices or other related
appurtenances shall have been installed or existing pretreatment facilities,
devices or other related appurtenances are properly operated, and
such further orders and directives as are necessary and appropriate.
Any discharge in violation of the substantive
provisions of the rules and regulations or an order of the Atlantic
County Utility Authority shall be considered a public nuisance. If
any person discharges sewerage, industrial wastes or other wastes
into the local sewer in violation of these rules and regulations or
any order of the local Utility, the city may commence an action for
appropriate legal and/or equitable relief in an appropriate court.
In the event that such action is commenced by the local Utility, the
prayer for relief may include a claim for all costs of such action,
including reasonable attorney's fees, and shall be paid by the person
against whom the proceeding has been commenced.
