Section 21-0513. Hearings  


Latest version.
  • Whenever the commission shall determine upon investigation that sewage
      or other polluting matter from any city, village, town, county, borough,
      municipality  or  other  entity,  as  defined  in the compact, building,
      steamboat, or other vessel, or any garbage, offal or any decomposable or
      putrescible matter of any kind is being discharged into  any  waters  of
      the  district,  and  whenever  in  the  opinion  of  the commission such
      discharge is polluting such waters in a manner injurious to or so as  to
      create  a menace to public health, welfare and recreational purposes, or
      so as to create a public  nuisance,  or  so  as  to  be  obnoxious,  the
      commission   may  order  the  municipality,  corporation  or  person  so
      discharging sewage, refuse or other matter, to show cause before  it  or
      its  duly  designated  representative  why  such discharge should not be
      discontinued or why said commission should not issue an order regulating
      such  pollution.  A  notice  shall  be  served  on   the   municipality,
      corporation  or  person  so  discharging sewage, refuse or other matter,
      directing such municipality, corporation or person to show cause  before
      the  said  commission  on  a  date specified in such notice why an order
      should not be made directing the discontinuance  of  such  discharge  or
      otherwise  regulating  the said pollution. Such notice shall specify the
      time when and  place  where  a  public  hearing  will  be  held  by  the
      commission  or  its  duly  delegated  representative and shall be served
      personally, or by mail at least fifteen days before said hearing, and in
      case of a municipality or a corporation, such service shall be  upon  an
      officer  thereof.  The person or persons presiding at such hearing shall
      take evidence, and after conducting such public hearing, the  commission
      shall  by  order  prescribe  a  reasonable  date on or before which such
      municipality, corporation or person discharging sewage, refuse or  other
      matter  into  the  designated waters within the district, shall cease to
      discharge such refuse or other matter and shall  treat  such  sewage  in
      accordance  with  the standards specified in the compact, and such order
      may prescribe that certain specific progress shall be made  at  definite
      times  prior to the final date fixed in such order. The commission shall
      have authority to require from the officials and persons responsible for
      the execution of such orders satisfactory evidence at specified times of
      proper progress in the execution of such orders.