(A) Violations. It is unlawful for any person to violate any provision of this chapter relating to the pretreatment, disposition or discharge of wastes; and each violation thereof, and each day on which there is a failure to comply with the terms hereof shall be a distinct and separate offense and punishable as such.
(B) Notification of violation. Whenever the superintendent finds that any user has violated or is violating this chapter, or any prohibition, limitation or requirement contained herein, he may serve upon such user a written notice stating the nature of the violation and providing a reasonable time, not to exceed 30 days, for the satisfactory correction thereof.
(C) Show cause hearing.
(1) If the violation is not corrected by timely compliance, the superintendent may order any user who causes or allows an unauthorized discharge to show cause before the council why service should not be terminated or penalties assessed. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the council regarding the violation and directing the offending party to show cause before council why an order should not be made directing the termination of service or the assessment of penalties. 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 or business establishment.
(2) After the Council has reviewed the evidence presented at the show cause hearing, if may issue an order directing that in a specified period of time anyone or combination of the following actions be taken:
(a) Revoke the user's permit;
(b) Order the cessation of all discharge into the town's wastewater treatment system by the user;
(c) Impose on the user a civil penalty not to exceed $5,000 for each violation; and/or
(d) Require the user to reimburse the town, upon demand, for any expenses, loss or damage actually sustained by the town to its wastewater treatment system, treatment plant, treatment processes, or receiving waters as a result of such violation and for the amount of any fine or penalty imposed upon the town by any state or federal regulatory agency as a result of such violation.
(D) Disconnection of service.
(1) If any user shall disregard the Council's order following a show cause hearing, the Council may order termination of such user's connection with the town water system. The connection shall be resumed thereafter only at such user's expense and only with the approval of the superintendent based upon a satisfactory rectification of all past violations of this chapter and an assurance that no future violations will take place. Alternatively, the council may order the superintendent to cause the user's connection with the town's wastewater treatment system to be severed. Such connection shall be resumed only under the conditions outlined above for the resumption of a disconnected water service.
(2) In the case of any user discharging a waste which places the wastewater treatment system in imminent danger, the superintendent may exercise his authority to immediately sever the user's connection with either the town's water system or the town's wastewater system without the prior, approval of the Council. Such connection shall be resumed only under the conditions outlined in division (D)(1) of this section; and the superintendent shall order the user to show cause before the Council why penalties prescribed in this section should not be assessed.
(3) In any case of disconnection of service, the user shall receive prior notification in writing.
(E) Damage to town property. It is unlawful for any person willfully to damage, destroy, uncover, deface, or tamper with any equipment or materials belonging to the town and used, or intended to be used, for the purposes of taking samples or making measurements, tests, examinations or repairs to the sewer system or water system of the town. Violators shall be guilty of a misdemeanor and shall be punished as provided by law.
(Prior Code, § 13.12.380) (Ord. 90-02, passed - - ; Am. Ord. 2019-02, passed 7-22-2019)