(A) Notwithstanding any other section of this chapter, any user which is found to have violated any provision of this chapter, permits, and orders issued hereunder or any other pretreatment requirement shall be fined in an amount not to exceed $500. Such fines shall be assessed on a per violation, per day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each business day during the period of violation.
(B) Assessments may be added to the user’s next scheduled sewer service charge and the Superintendent shall have such other collection remedies as may be available for other service charges and fees.
(C) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 20% of the unpaid balance, and interest shall accrue thereafter at a rate of 7% per month. Furthermore, these unpaid charges, fines, and penalties, together with interest therefrom shall constitute a lien against the individual user’s property.
(D) Industrial users desiring to dispute such fines must file a written request for the Superintendent to reconsider the fine along with full payment of the fine amount within ten days of being notified of the fine. Where the Superintendent believes a request has merit, he or she shall convene a hearing on the matter within 15 days after receiving the request from the industrial user. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the industrial user. The town may add the costs of preparing administrative enforcement actions, such as notices and orders to assess the fine.
(E) A user that exceeds pollutant limitations as set forth by the town shall receive an initial warning. A notice of violation as defined herein shall constitute a warning. A second exceedance of the same pollutant limitation shall result in a second warning. Any subsequent exceedance of the same pollutant limitation shall result in the assessment fines as described herein. Warnings above shall begin following a period of one year in which there have been no violations.
(F) Any user violating any provisions of this chapter shall become liable to the town for any expense, loss, or damage occasioned by the town by reason of such violation.
(Ord. 10, 1998, passed 9-9-1998)