(A) The Director shall endeavor to assure compliance with the requirements of this chapter by conference and persuasion. If such efforts, over a reasonable period of time, are futile, the Director shall take formal action as provided hereafter.
(B) In any case involving a person who is discharging waste into the sanitary sewerage system and where the Director finds that the person has failed to pay any applicable and duly adopted sewer use charges within the time limits prescribed for the payments, the procedure for enforcement shall be as follows.
(1) The Director shall give notice to the person by registered mail stating the specifics of the failure of compliance and requiring that person remedy the failure within 72 hours.
(2) If, after the expiration of 72 hours, the person has not remedied the failure, the Director shall report the facts to the Town Council in writing.
(3) The Town Council may thereupon without further notice, cause the water service from the public water system to be discontinued for the person or cause the connection to the sanitary sewer system to be severed for the person.
(4) In any case where water service is discontinued or the Town Council for enforcement purposes severs the sewer connection, the restoration of the service shall be conditioned on full compliance by the person and payment of any expense incurred in the enforcement proceeding and in the restoration of service.
(5) The Town Council may, in its discretion, continue or restore water or sewer service in a case of failure of compliance on condition that the person furnish a bond or other security, with terms as specified by the Town Council, to hold harmless the town from any loss or expense that it may incur as a result of the noncompliance or any future noncompliance. Any person violating any of the provisions of this chapter shall become liable to the town for any expense, loss or damage occasioned the town by reason of the violation.
(C) In any case involving a person who fails to comply with any section of this chapter but who is not discharging waste into the sanitary sewerage system, the Director shall give notice to the person by registered mail stating the specifics of the failure of compliance and requiring that the person promptly remedy the failure. At the same time, the Director shall report the facts of such case, in writing, to the Town Council and to such other government agency, as may have jurisdiction and power to take appropriate enforcement action.
(D) Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter, shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both.
(E) (1) Whenever the town finds that any discharger has violated or is violating this chapter, or any prohibition, limitation or requirements contained herein, the town may serve upon such person written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the town by the discharger.
(2) The town may order any discharger who causes or allows an unauthorized discharge to enter the POTW to show cause before the Town Council why the proposed enforcement action should not be taken. A notice shall be served on the discharger specifying the time and place of a hearing to be held by the Town Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the discharger to show cause before the Town Council why the proposed enforcement action should not be taken. 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. Services may be made on any agent or officer of a corporation.
(3) At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript so recorded, will be made available to any member of the public or any party to the hearing.
(4) After the Town Council has reviewed the evidence, it may issue an order to the discharger responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(Ord. 97-11-07, passed 11-6-1997)