A hearing board shall be appointed by the North
Attleborough Board of Public works as needed for arbitration of differences
between the Superintendent and sewer users on matters concerning interpretations
and execution of provisions of the bylaw by the Superintendent. The
decision of the hearing board, by majority vote of its members, shall
be final.
One member of the Board shall be a registered
professional engineer; one member shall be a practicing sanitary engineer;
one member shall be a representative of industry or manufacturing
enterprise; one member shall be a lawyer; and one member shall be
selected at large for his interest in accomplishing the objectives
of this bylaw.
A.Â
The Town of North Attleborough may order any user
who causes or allows an unauthorized discharge to enter the POTW to
show cause before the Sewer Commissioners 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 Sewer Commissioners
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 Sewer Commissioners why the proposed enforcement action
should not be taken. The notice of the hearing shall be served personally
or by registered or certified mail at least 10 days before the hearing.
Service may be made on any agent or officer of a corporation.
B.Â
The Sewer 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:
(1)Â
Issue, in the name of the Sewer Commissioners, notices
of hearings requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in such
hearings;
(2)Â
Take the evidence;
(3)Â
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations, to
the Sewer Commissioners for action thereon.
C.Â
At any hearing held pursuant to this bylaw, 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.Â
After the Sewer Commissioners have reviewed the evidence,
they 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 and are properly
operated. Further orders and directives as are necessary and appropriate
may be issued.
