(A) The Town Clerk and his or her staff, along with licensed professionals retained for the specific purpose of conducting inspections, may inspect any WECS facility upon 24 hours prior notice, or without notice in the event of an emergency posing a threat of imminent harm to the environment or to the health, safety or general welfare of the public. If any owner or operator refuses the Town Clerk access to a WECS for purposes of making an inspection, the Town Clerk may order a suspension from all WECS operations until such time as the inspection has occurred and the Town Clerk is satisfied that no imminent threat of substantial harm to health, human safety or the environment exists, or that such threat has been eliminated.
(B) The fee for each inspection shall be as determined by the Council from time to time, and shall be payable by the owner or operator to the Town Clerk, in addition to reimbursement to the town of the actual fees charged by licensed professionals retained by the Town Clerk to conduct or assist with such inspection.
(C) If the Town Clerk finds that any WECS facility is in violation of the requirements of this chapter, he or she may order the owner or operator to take appropriate actions in order to bring facilities into compliance with this chapter. Noncompliance with any such order is a separate violation of this chapter in addition to the violation complained of.
(D) It is unlawful to violate any of the provisions of this chapter, or to fail to perform any duty imposed by this chapter, or any order issued by the Town Clerk. Any owner or operator found to have committed any such violation shall be subject to a penalty to be assessed by the Town Clerk, in an amount not to exceed $2,500 for each day such violation continues.
(E) In determining the amount of a penalty to assess under this chapter, the Town Clerk shall consider the owner or operator’s history of previous violations with respect to the WECS, the seriousness of the violation, including any irreparable harm to the environment and hazard to the health, safety, and general welfare of the public, the owner or operator’s negligence, and the demonstrated good faith of the owner or operator to achieve rapid compliance after notification of the violation.
(F) Upon the assessment of a penalty under this chapter, the Town Clerk shall immediately inform the owner or operator of the amount of the penalty assessed, and issue an order to pay the penalty. The owner or operator shall have 30 days from the receipt of the order to pay the penalty or appeal the assessment pursuant to § 155.08 of this chapter.
(Ord. 2018-5, passed 3-20-2018; Am. Ord. 2018-8, passed 4-17-2018)