10.04.460 Show Cause Hearing.
(1) The Provo City Industrial Pretreatment Coordinator may order a user which has violated, or continues to violate, any provisions of this Chapter, an individual wastewater discharge permit, or order issued hereunder, or any pretreatment standard or requirement, to appear before the Mayor or the Mayor’s designee, and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the user as defined in Section 10.04.040, Provo City Code, and required by Section 10.04.190(1), Provo City Code. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(2) The Mayor or the Public Works Director may conduct the hearing and take the evidence, or may designate an employee of the Mayor’s office, or any officer or employee of the Department of Water Resources, to:
(a) Issue in the name of the City notices of hearing requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(b) Take the evidence; and
(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Mayor or the Mayor’s designee for action thereon.
(3) At any hearing held pursuant to this Chapter, testimony taken must be under oath and recorded. 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.
(4) After the Mayor or the Mayor’s designee has reviewed the evidence, the Mayor may issue an order to the user responsible for the violation imposing appropriate penalties and directing that, following a specified time period, enforcement shall escalate unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated, and the violation remedied. Further orders and directives as are necessary and appropriate may be issued.