§ 13.08.655. Notice and hearing rights.


Latest version.
  • In the implementation and enforcement of this chapter, the following provisions shall be observed:

    A.

    Whenever the department of public works issues, denies or modifies a permit; issues an order; or assesses charges under Section 13.08.635 or 13.08.645, the department of public works shall inform the person to whom such action is addressed of the person's right to submit, within ten working days, a written request for reconsideration of that action. The request shall set forth in detail the facts supporting it. The department of public works shall attempt to schedule an informal interview with the person submitting the request, to be held within fifteen days of receiving it, and shall rule in writing on the request within ten working days of the completion of the interview. If the department of public works is, after reasonable attempts, unable to schedule an interview with the person submitting the request, or if that person fails to appear for the scheduled interview, the department of public works shall rule on the request within twenty-five days of receiving the request.

    B.

    When the department of public works proposes to revoke a permit, the department of public works shall notify the user in writing of such proposed ruling and of his or her right to submit, within ten days, a written request for reconsideration of that ruling. The request shall set forth in detail the facts supporting it. The department of public works shall schedule in informal conference with the user submitting the request, to be held within fifteen working days of receiving it, and shall rule in writing on the request within ten working days of the completion of the conference. If the department of public works is, after reasonable attempts, unable to schedule a conference with the user, or if the user of user's representative fails to appear for the scheduled conference, the department of public works shall rule on the request within twenty-five days of receiving the request.

    C.

    A ruling by the department of public works under subsection A or B of this section is final. Appeal may be made to a court of competent jurisdiction.

    D.

    Notwithstanding any other provisions of these regulations, upon determination by the department of public works that a discharge or a violation of these regulations appears to present an imminent danger to health, public welfare or the environment or threatens to interfere with the operations of the city's sewer system, the department may, after informal notice to the user or violator, issue an emergency order to immediately suspend the discharge or cease the violation. Any user receiving such an emergency order shall comply. Should the user fail to act, the city may take action to halt or prevent the discharge or violation, including, without limitation, taking steps to disconnect the user or bringing a civil action for injunctive relief.

    E.

    Enforcement and permit revocation actions taken by the Massachusetts Water Resources Authority under this chapter shall be governed by the provisions of 360 CMR 2.00. The Massachusetts Water Resources Authority reserves the right to take direct enforcement action through the courts, pursuant to Section 8A, Chapter 92, General Laws, in any case of violation of this chapter.

    (C.O.86-23 § 8 (part); C.O. 83-52 § 60 (Art. VI § 5))

(C.O. 13-046, § 11, 2-11-2013)