4.1.1. Notice of Violation

a. If the District finds that any person has violated or is violating any Service Rule, federal or state law or regulation, design criteria, or permit condition, the District may serve upon the person a notice of violation containing a description of the violation and require the person to comply with one or more of the following:

i. Enter into a consent agreement;

ii. Cease and desist from any continuing violation;

iii. Correct the violation and submit proof of the corrective action taken;

iv. Submit a plan for corrective action;

v. Appear at a specified time and place for a hearing before the General Manager to show cause why the District should not take enforcement action, which may include:

1. Issuance of an emergency suspension,

2. Issuance of a compliance order,

3. Revocation of a District-issued permit, if applicable,

4. Disconnection of the sanitary sewer service,

5. Notification of regulatory agencies, and/or

6. Assessment of an administrative penalty not to exceed one hundred dollars ($100) per day per violation.

b. If a show cause hearing is not scheduled by the District, the person must request a hearing within ten (10) calendar days of receipt of the notice of violation in order to contest the allegations or proposed enforcement action in the notice of violation.

c. The General Manager shall serve his or her decision on the person against whom the notice of violation was issued within ten (10) calendar days after any hearing.

d. If the person fails to appear at the show cause hearing, fails to request a hearing before the General Manager within ten (10) calendar days, or fails to appeal the General Manager’s decision as provided in Subsection 4.1.2.a, the notice of violation shall be deemed to be final and enforceable by the District.

e. Nothing in these Service Rules shall be construed to prevent the District from taking immediate action if a discharge of wastewater causes or threatens to cause an imminent endangerment to the health or welfare of persons, or to the environment, or which threatens to interfere with the operation of the publicly owned treatment works (POTW).

4.1.2. Administrative Appeals

a. A person who is aggrieved by the General Manager’s decision or a denial of sewer service by the District may appeal that decision or denial within thirty (30) calendar days of receipt of the decision or denial by serving written notice of appeal upon the General Manager containing the specific grounds alleged for the appeal.

b. The General Manager shall appoint a hearing officer from among the panel of hearing officers appointed by the Clark County Board of Commissioners to conduct a de novo hearing. The hearing officer shall schedule the hearing. The hearing officer shall serve his or her decision on the aggrieved person within thirty (30) calendar days after the hearing.
 
c. A person who is aggrieved by the hearing officer’s decision may seek judicial review of the decision in a court of competent jurisdiction within thirty (30) calendar days of receipt of the decision.

d. If the aggrieved person fails to seek judicial review within thirty (30) calendar days, the hearing officer’s decision shall be deemed to be final and enforceable by the District.

4.1.3. Additional Enforcement Remedies for Industrial Wastewater Pretreatment Users: Administrative Penalties: The following actions may result in the specified administrative penalty.

4.1.4. Business Impact Statement Appeals: A petition authorized by NRS Chapter 237 shall be filed with the General Manager. The petition must meet the requirements pursuant to NRS Chapter 237 and will be reviewed by the General Manager within sixty (60) calendar days from receipt. The petition will be scheduled for Board of Trustees review at the first meeting following the review process.

4.1.5. Judicial Enforcement Remedies:

a. Injunctive Relief: Whenever a person has violated or continues to violate any of these Service Rules, any permit, or any order issued by the District, the District may petition a court of competent jurisdiction for the issuance of a temporary restraining order, preliminary injunction, and/or permanent injunction that restrains or compels the specific compliance with the permit requirements, order, or other requirement imposed by these Service Rules. The District may also seek any other available legal and equitable relief, including civil and criminal penalties.

b. Criminal Prosecution: Any person, who willfully or negligently violates any provision of these Service Rules, any District order (including a consent agreement), or any District issued permit, shall upon conviction be guilty of a misdemeanor, and shall be punished by a fine not to exceed one hundred dollars ($100) or by imprisonment not to exceed one (1) month, or by both fine and imprisonment. A person found to have willfully or negligently violated any pretreatment standard or requirement shall upon conviction be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) per day for each day the violation continues.

4.1.6. Civil Penalties:

Each calendar day during which any violation of the provisions of these Service Rules continues shall constitute a separate offense, punishable by a fine not to exceed one hundred dollars ($100) or by imprisonment not to exceed one (1) month, or by both fine and imprisonment, unless such actions constitute a violation of pretreatment standards or pretreatment requirements, in which case the fine shall not be more than one thousand dollars ($1,000) per day for each day the violation continues.

4.1.7. Pretreatment Enforcement Response Plan:

The District's pretreatment enforcement response plan (PERP) is fully incorporated herein by this reference. All enforcement provisions set forth in the PERP apply to industrial users as defined within the District's industrial pretreatment program, and are in addition to and not in lieu of, the enforcement provisions set forth in this Chapter. Should any provision in this Chapter directly contradict a provision within the PERP, the PERP shall govern.