Sec. 24-53. - Enforcement.

(a)

When the department finds that a discharge has taken place, in violation of Article 3 or Article 4 of this chapter, the director may issue an order to cease and desist, and direct those persons not complying with such prohibitions, limits, requirements, or provisions, to:

(1)

Comply forthwith;

(2)

Comply in accordance with a time schedule set forth by the department; or

(3)

Take appropriate remedial or preventive action in the event of a threatened violation.

Violation of an order issued pursuant to this subsection (a) is a violation of this chapter.

(b)

Any person affected by an action under this section, may file with the director a written request for reconsideration within ten (10) days of such action, setting forth in detail all of the facts and legal contentions that support the request for reconsideration. Failure to request reconsideration based on an objection waives the objection.

(c)

If the decision of the director is unsatisfactory to the person requesting reconsideration, the dissatisfied person may, within twenty (20) days after notification of the decision, file a written appeal with the department. The written appeal shall be heard by a Hearing Officer utilizing the procedures in Section 1-7.3, subsections (h) and (i). Failure to file an appeal waives any objection to the action. The director's decision shall remain in effect pending the appeal.

(Ord. No. 6438, § III(Exh. A), 6-12-2023)