(A) Penalty.
(1) Violation of any provision of this subchapter may subject the offender to a civil penalty to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after the assessment has become final by exhaustion of the appeal process established by this section, or by failure to appeal the assessment.
(2) The civil penalty for violation of any provision of this cross-connection control subchapter shall not exceed $500 per day for each day of continuous violation, or a cumulative or single civil penalty of $10,000. The civil penalty for willful violation of any provision of this subchapter shall not exceed $1,000 per day for each day of a continuous violation, or a cumulative or single civil penalty of $20,000.
(B) Assessment. Any civil penalty shall be assessed by the Town Manager, upon the recommendation of the Public Works Director, and shall be based upon the reasonable estimated cost of correcting the cited violation, the magnitude of the potential risk posed to the public health, safety and welfare by the violation, and the cost of the public safety or other emergency response caused by the violation. The Town Manager shall serve written notice of the civil penalty assessment on the offender and set out with reasonable care the basis of the amount so assessed.
(C) Equitable relief. An appropriate equitable remedy, including a mandatory or prohibitory injunction, issuing from a court of competent jurisdiction may endorse the provisions of this subchapter.
(D) Enforcement option. The penalties and enforcement provisions established by this subchapter may be applied in additional to or instead of the penalties established by other sections of this code.
(1989 Code, Title III, Ch. 30, § 7-15) (Ord. passed 12-11-2007; Ord. passed 2-10-2009)