(A) Notification of violation. When the town finds that a user or customer has violated or continues to violate any provision of this chapter, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the town shall serve upon a representative of the user or customer (such representative meeting the criteria of authorized signatory) a written notice of violation. Within five days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof (to include specific actions) shall be submitted by the user to the town. Note that the submission of such a plan in no way relieves the user for liability for any violations occurring before or after receipt of the notice of violation. Also, nothing in this section shall limit the authority of the town to take action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(B) Consent orders. The town may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user or customer to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the orders issued pursuant to this chapter and shall be judicially enforceable.
(C) Show cause hearing.
(1) The town may order a user or customer which has violated or continues to violate any provision of this chapter, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the town and show cause why the proposed enforcement action should not be taken.
(2) Notice may be served on the user or customer specifying the time and place for the meeting, the proposed enforcement action, the reasons for such an action, and a request that the user or customer show cause why the proposed enforcement action should not be taken. The notice of the meeting may be served personally or by registered or certified mail (return receipt requested) at least 14 days prior to the hearing. Such notice may be served on a representative of the user who meets the criteria of an authorized signatory.
(3) A show cause hearing shall not be a bar against or prerequisite for taking any other action against the user or customer.
(D) Compliance orders.
(1) When the town finds that a user or customer has violated or continues to violate any provision of this chapter, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the town may issue an order to the user or customer responsible for the discharge, directing that the user or customer come into compliance within a specified time.
(2) If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated.
(3) Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer.
(4) A compliance order may not extend the deadline for compliance established for a national pretreatment standard or requirement, nor does a compliance order relieve the user or customer of liability for any violation, including any continuing violation.
(5) Issuance of a compliance order shall not be a bar against or prerequisite for taking any other action against the user or customer.
(E) Cease and desist orders.
(1) When the town finds that a user or customer has violated or continues to violate any provision of this chapter, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's or customer's past violations are likely to recur, the town may issue an order to the user or customer directing it to cease and desist all such violations and directing the user or customer to:
(a) Immediately comply with all requirements; and
(b) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(2) Issuance of a cease and desist order shall not be a bar against or a prerequisite for taking any other action against the user or customer.
(F) Administrative fines.
(1) When the town finds that the user or customer has violated or continues to violate any provision of this chapter, an industrial wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the town may fine such user or customer in an amount not to exceed $2,500. Such fines shall be assessed on a per violation, per day basis. The town may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(2) Unpaid fines shall, after 30 calendar days, be assessed an additional penalty of 5% of the unpaid balance, and interest shall accrue thereafter at a rate of 10% per annum. A lien against the user's or customer's property (including but not limited to a judgement lien) may be sought for unpaid fines.
(3) Users or customers desiring to dispute such fines must file a written request for the town to reconsider the fine along with full payment of the fine amount within 30 days of being notified of the fine. Upon receipt of such request, the Town Manager (or his/her designee) shall convene a hearing on the matter within 30 days of receiving the request. In the event the user's or customer's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user and customer.
(4) Issuance of an administrative fine shall not be a bar against or a prerequisite for taking any other action against the user or customer.
(G) Emergency suspensions.
(1) The town may immediately suspend a user's or customer's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to be present or cause imminent or substantial endangerment to the health or welfare of persons.
(2) The town may also immediately suspend a user's or customer's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the wastewater system, or to which presents or may present an endangerment to the environment.
(3) Any user or customer notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's or customer's failure to immediately comply voluntarily with the suspension order, the town shall take such steps as deemed necessary (including immediate severance of the sewer connection) to prevent or minimize damage to the wastewater system or its receiving stream, or any endangerment to any individuals. The town shall allow the user or customer to recommence its discharge when the user or customer has demonstrated to the satisfaction of the town that the period of endangerment has passed, unless the termination proceedings in division (H) of this section are initiated against the user or customer.
(4) A user or customer that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement to the town within five calendar days, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.
(5) Nothing in division (C) of this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(H) Termination of discharge. Any user or customer that violates the requirements of this chapter is subject to discharge termination. Such user or customer shall be notified of the proposed termination of its discharge and be offered an opportunity to show cause under division (C) of this section why the proposed action should not be taken. Exercise of this option by the town shall not be a bar to or a prerequisite for taking any other action against the user or customer.
(I) Pumping and emergency remediation. Any user or customer that causes discharge that endangers the environment or the welfare of persons shall be responsible to reimburse the town for pumping, labor charges, and other emergency remediation or prevention actions.
(Ord. 99-04, passed 2-16-99)