Legal Documents of Newport

1. Comply forthwith;
2. Comply in accordance with a time schedule set forth by the superintendent; or
3. Take appropriate remedial or preventive action in the event of a threatened violation;
4. Surrender his applicable user's permit if ordered to do so after a show cause hearing.

1. Any user, permit applicant, or permit holder affected by any decision, action, or determination, including cease and desist orders, made by the general manager interpreting or implementing the provisions of this ordinance or in the granting or refusing of any permit issued hereunder, a file with the general manager a written request for reconsideration within ten (10) days of such decision, action, or determination, setting forth in detail the facts supporting the user's request for reconsideration. The general manager's decision, action, or determination shall remain in full force and effect during such period of reconsideration and during the appeal therefrom unless modified or suspended by the city.
2. If the ruling made by the general manager is unsatisfactory to the person requesting reconsideration, he may, within ten (10) days after notification of the action, file a written appeal to the city. The written appeal shall be heard within thirty (30) days from the date of filing. The board shall make a final decision on the appeal within thirty (30) days of the close of the meeting. The decision, action, or determination of the board shall remain in effect during the pendency of any appeal to the courts unless the same is modified or suspended by a court of competent jurisdiction after notice and any evidentiary hearing.

Termination of service. In order to effect its powers, the general manager or his representative may enter upon private property for the purpose of inspection and maintenance of sanitary and waste disposal facilities and may terminate service to property in which a violation of any rule or regulation of this ordinance is found to exist.

Prior to termination of service, however, the general manager shall notify, in writing, the owner and tenant, if any, of such property that service is intended to be so terminated and conduct a hearing thereon as herein provided.

In the event of an emergency that, in the opinion of the general manager, threatens harm to the facilities or endangers the public health, the general manager shall notify the owner and/or tenant and immediately take action to terminate service to the property. In such cases, a hearing shall be held with the general manager on said termination within twenty-four (24) hours to allow the user an opportunity to demonstrate to the general manager that the emergency situation has been abated or corrected and that the danger to the facilities or public health no longer exists.

Civil liabilities. Any person or user who intentionally or negligently violates any provision of this ordinance, requirements or conditions set forth in permit duly issued, or who discharges wastewater which causes pollution or violates any cease and desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard, shall be liable civilly. Said civil liability may be in a sum of not to exceed ten thousand dollars ($10,000.00) for each day in which such violation occurs.

The general manager may petition the circuit or chancery court to impose, assess, and recover such sums. In determining such amount, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, and the corrective action, if any.