(A) Illicit discharges. Any designer, engineer, contractor, agent, or any other person who allows, acts in concert, participates, directs, or assists directly or indirectly in the creation of a violation of this chapter shall be subject to civil penalties as follows:
(1) For first time offenders, if the quantity of the discharge is equal to or less than five gallons and consists of domestic or household products in quantities considered ordinary for household purposes, said person shall be assessed a civil penalty not to exceed $1,000 per violation or per day for any continuing violation, and if the quantity of the discharge is greater than five gallons or contains non-domestic substances, including but not limited to process waste water, or if said person cannot provide clear and convincing evidence of the volume and nature of the substance discharged, said person shall be assessed a civil penalty not to exceed $5,000 per violation or per day for any continuing violation.
(2) For repeat offenders, the amount of the penalty shall be double the amount assessed for the previous penalty, not to exceed $25,000 per violation or per day for any continuing violation.
(3) In determining the amount of the penalty, the Town Manager or his or her designee shall consider:
(a) The degree and extent of harm to the environment, the public health, and public and private property;
(b) The cost of remedying the damage;
(c) The duration of the violation;
(d) Whether the violation was willful;
(e) The prior record of the person responsible for the violation in complying or failing to comply with this chapter;
(f) The costs of enforcement to the public; and
(g) The amount of money saved by the violator through his, her, or its noncompliance.
(B) Illicit connections. Any person found with an illicit connection in violation of this chapter and any designer, engineer, contractor, agent, or any other person who allows, acts in concert, participates, directs, or assists directly or indirectly in the establishment of an illicit connection in violation of this chapter, shall be subject to civil penalties as follows:
(1) First time offenders shall be subject to a civil penalty not to exceed $5,000 per day of continuing violation.
(2) Repeat violators shall be subject to a civil penalty not to exceed $25,000 per day of continuing violation.
(3) In determining the amount of the penalty, the Town Manager or his or her designee shall consider:
(a) The degree and extent of harm to the environment, the public health, and public and private property;
(b) The cost of remedying the damage;
(c) The duration of the violation;
(d) Whether the violation was willful;
(e) The prior record of the person responsible for the violation in complying or failing to comply with this chapter;
(f) The costs of enforcement to the public; and
(g) The amount of money saved by the violator through his, her, or its noncompliance.
(4) Procedures for assessing penalties pursuant to illicit connections.
(a) Said penalties shall be assessed by the Town Manager or his or her designee. No penalty shall be assessed until the person alleged to be in violation is served written notice of the violation either personally or by registered or certified mail. When service is made by registered or certified mail, a copy of the notice may also be sent by first class mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, but the first class mail is not returned by the Post Office within ten days after the mailing.
(b) The notice shall warn that failure to correct the violation within the specified time period will result in the assessment of a civil penalty and/or other enforcement action. If after the allotted time period has expired, and the violation has not been corrected, the penalty shall be assessed from the date of the violation and each day of continuing violation thereafter shall constitute a separate violation under this section.
(C) Other violations. Any person found in violation of other provisions of this chapter, not specifically enumerated elsewhere, shall be subject to a civil penalty not to exceed $1,000 per violation or per day for any continuing violation.
(Ord. 2020-07-01, passed 7-20-2020)