(A) Accidental discharges.
(1) A user shall notify the Town Superintendent and Town Council President immediately upon accidentally discharging chemicals, corrosive substances, or anything harmful to the wastewater system or treatment process, or wastewaters in violation of this chapter, to enable countermeasures to be taken by the town to minimize damage to the wastewater system, treatment processes and the receiving stream.
(2) This notification shall be followed within seven days of the date of occurrence by a detailed written report, signed by the user, describing the causes of the accidental discharge and the measures being taken to prevent future similar occurrences.
(3) Such notification will not relieve users of liability for any expense, loss or damage to the wastewater system, wastewater treatment plant, or treatment process, or any fines or penalties imposed by the Council, which expense, loss or damage shall be paid for by the user.
(4) A notice shall be furnished and permanently posted advising designated responsible employees to call the Town Council President in case of accidental discharge in violation of this chapter.
(B) Continued failure to meet wastewater admissibility requirements or the terms of major contributor permits. The Town Council shall have the following methods of recourse in the event of repeated or willful failure by a user to meet the wastewater admissibility requirements of this chapter. In addition, the town shall have and the Town Council may exercise all other legally available remedies.
(1) Submission of time schedule. When the town finds that a discharger of wastewater has been taking place in violation of the admissibility requirements prescribed in this chapter or the provisions of a major contributor permit, the town may require the user to submit for approval a detailed time schedule of specific actions, acceptable to the Council, which the user shall take in order to prevent or correct a violation of requirements.
(2) Issuance of cease and desist orders. When the town finds that a discharge of wastewater has taken place or is likely to take place in violation of the admissibility requirements of this chapter, or of a major contributor permit, the Council may issue an order to cease and desist, and may direct that the user not complying with such requirements:
(a) Comply forthwith;
(b) Comply with a time schedule set forth by the Council; or
(c) Take appropriate remedial or preventive action.
(3) Injunction. When the town finds that a discharge of wastewater is in violation of the admissibility requirements of this chapter or the provisions of a major contributor permit, or otherwise causes or threatens to cause a condition of pollution or nuisance, the town, acting through the Town Council, may petition any court of proper jurisdiction for the issuance of a preliminary and/ or permanent injunction, as may be appropriate, to enjoin the continuance of such a discharge.
(4) Termination of service. The town may revoke any major contributor permit or terminate or cause to be terminated wastewater service in whole or in part if a violation of any provisions of this chapter or the major contributor permit is found to exist, or if a discharge causes or threatens to cause a condition of pollution or nuisance as defined in § 51.35, or causes the Town of Fremont to violate the terms of its NPDES permit or any state or Federal law or regulation.
(5) Administrative appeals. Any user aggrieved by any decision, action, or determination resulting from a violation of divisions (A) or (B), including cease and desist orders, made by the Town Council, interpreting or implementing the provisions of this chapter, any permit issued herein, or any action, decision, or regulation of the Town Council adopted pursuant hereto, shall file with the Town Council a written request for review and reconsideration within ten days of such a decision, action or determination, setting forth in detail the facts supporting the user's request for reconsideration. The appeal shall be heard by the Council within 30 days from the date of filing. The Town Council decisions, actions, or determination shall remain in effect during such period of reconsideration, unless the Town Council otherwise determines on request of the user. The Town Council's decision shall become final in the absence of a request for review and reconsideration as herein required.
(Ord. 285, Article I, §§ 1.5.1 - 1.5.2, passed 6-9-03; Am. Ord. 2017-03; passed 9-11-17; Am. Ord. 2017-05, passed 11-13-17)