(A) General. If the violation is not corrected by timely compliance, the Superintendent may order any person who causes or allows an unauthorized discharge to show cause before the Town Council why service should not be terminated.
(B) Notice of violation. Whenever the Superintendent finds that any person has violated or is violating this chapter, or any prohibition, limitation, or requirement contained herein, the Superintendent shall serve upon such person a written notice, either personally or by certified or registered mail, stating the nature of the alleged violation. Within ten days of the date of receipt of the notice, the discharger must respond personally or in writing to the town advising of its position with respect to the allegations. Thereafter, the parties must meet to determine the seriousness of the allegations and, where necessary, establish a plan for the satisfactory correction of the violation.
(C) Service of notice. A notice shall be served on the offending party specifying the time and place of the hearing to be held by the Town Council regarding the violation, and directing the offending party to show cause before said Town Council why an order should not be made directing the termination of the service. The notice of the hearing shall be served personally, or by registered or certified mail (return receipt requested), at least ten days before the hearing. Service may be made on any agent or officer of a corporation.
(1) The Town Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer to:
(a) Issue in the name of the Town Council notices of hearings, and requesting the attendance and testimony of witnesses and the production of such evidence relevant to any matter involved in any such hearings;
(b) Take the evidence; and
(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Town Council for action thereon.
(2) At any public hearing, testimony taken before the Town Council, or any person designated by it, must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public of any part of the hearing upon payment of the usual charges.
(3) After the Town Council has reviewed the evidence, it may issue an order to the party responsible for the discharge, directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices, or other related appurtenances are properly operated, and such further orders and directives as are necessary and appropriate.
(D) Legal action.
(1) Any discharge in violation of the substantive provisions of this section or an order of the Town Council shall be considered a public nuisance.
(2) If any user discharges sewage, industrial wastes, or other wastes into the town treatment system contrary to the substantive provisions of this section or any order of the Town Council, the Town Attorney shall commence an action for appropriate legal and/or equitable relief.
(E) Annual publication of violators.
(1) A list of discharges which were subject of significant enforcement proceedings pursuant to the provisions of this section, or state or federal regulations during the previous calendar year, shall be published annually by the town in the largest daily newspaper published in the town.
(2) The list shall summarize the enforcement actions taken against the discharges during the calendar year in which violations:
(a) Remained uncorrected 45 or more days after notification of non-compliance;
(b) Which have exhibited a pattern of non-compliance over that one-year period;
(c) Which involves failure to accurately report non-compliance; or
(d) Which resulted in the town exercising its emergency authority.
(F) Discharger’s right of appeal.
(1) Any discharger has the right to request in writing an interpretation or ruling by the town on any matter covered by the section, and entitled to a written reply within 45 days.
(2) In the event that such an inquiry is by the affected discharger and deals with matters of compliance with the section or deals with the permit, receipt of the discharger’s request will delay all enforcement proceedings, until he or she receives the written reply.
(Prior Code, § 3.1)