§ 51.999 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   (1)   Any person found to be violating any provision of §§ 51.065 through 51.075, except § 51.074, shall be served by the town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.

      (2)   Any person who shall continue any violation beyond the time limit provided for in division (B)(1) above shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding an amount as set by the Town Council for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

      (3)   Any person violating any of the provisions of §§ 51.065 through 51.075 shall become liable to the town for any expense, loss or damage occasioned the town by reason of the violation.

(Prior Code, § 24-41)

   (C)   (1)   Administrative remedies.

         (a)   Notification of violation. Whenever the Director of the Public Works Department of the town (hereafter “Director”) finds that any user has violated or is violating §§ 51.090 through 51.092 or any variance permit issued pursuant to §§ 51.090 through 51.092, the Director may serve upon the user a written notice stating the nature of the violation. Within 30 days from the date of the notice, an explanation for the violation and a plan for the satisfactory correction thereof shall be submitted to the town by the user. Submission of the explanation and plan does not relieve the user of liability for any violations occurring before or after the receipt of the notice of violation.

         (b)   Consent orders. The Director is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the user responsible for the non-compliance. The orders will include the specific action to be taken by the user to correct the noncompliance within the time period specified in the order. Consent orders shall have the same force and effect as an administrative order issued pursuant hereto.

         (c)   Show cause hearing.

            1.   The Director may order any user who causes or is responsible for a violation of §§ 51.090 through 51.092 or variance permit issued pursuant to §§ 51.090 through 51.092 to show cause as to why a proposed enforcement action should not be taken. In the event that the Director determines that a show cause order should be issued, a notice shall be served on the user specifying the time and place for a hearing, the proposed enforcement action to be taken, the reasons for the action and a request that the user appear and show cause as to why the proposed enforcement action should not be taken. The notice of hearing shall be served personally or by certified mail, return receipt requested, at least ten days prior to the hearing. Service may be made on any agent or officer of a corporation, or any employee in charge of the location where the violation is alleged to have occurred.

            2.   The Director shall review the evidence presented at the hearing and determine whether the proposed enforcement action is appropriate.

            3.   A show cause hearing under this division (C) is not a prerequisite to the assessment of a civil penalty under division (C)(4) below, nor is any action or inaction taken by the Director under this section subject to administrative appeal.

         (d)   Administrative orders. When the Director finds that a user has violated or continues to violate §§ 51.090 through 51.092 or any variance permit issued pursuant to §§ 51.090 through 51.092, the Director may issue an order to cease and desist all violations and direct those persons in noncompliance to do any one or more of the following:

            1.   Immediately comply with all requirements of §§ 51.090 through 51.092 or the variance permit;

            2.   Comply in accord with the compliance schedule set forth in the order;

            3.   Take immediate appropriate remedial or preventative action in the event of a continuing or threatened violation; and

            4.   Disconnect from the town sewer collection system unless an adequate grease trap or interceptor is installed and properly operating within a specified period of time. A user to whom an administrative order is issued may appeal the administrative order under the procedures set out herein.

         (e)   Emergency suspensions.

            1.   The Director may suspend the sewer connection of a user when the suspension is necessary to stop an actual or threatened adverse effect on the sanitary sewer collection and treatment system.

            2.   Any user notified of a suspension of sewer service shall immediately stop or eliminate any non-conforming discharge into the sewer system. A hearing will be held within 15 days of the notice of suspension to determine whether the suspension may be lifted or whether the user’s connection to the sewer system should be terminated. In the event of a failure to comply voluntarily with the suspension order, the Director shall take steps as are deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the sewer collection and treatment system.

            3.   The Director shall reinstate the sewer service upon proof that the noncompliance and the potential for noncompliant discharge into the sewer system has been eliminated. Prior to the above-mentioned hearing, the user shall submit to the Director a detailed written statement describing the causes of the non-compliance and the measures taken to prevent any future noncompliance.

         (f)   Termination of sewer service. Any user who violates the following conditions of §§ 51.090 through 51.092 or applicable state or federal regulations is subject to having its sewer service connection terminated:

            1.   Failure to maintain accurate grease interceptor maintenance reports as required hereby;

            2.   Failure to report significant changes in operations which would affect the size or type of grease interceptor required by §§ 51.090 through 51.092;

            3.   Refusal to grant the Director or his or her staff reasonable access to the user’s premises for purposes of inspection or monitoring. Noncompliant users will be notified of the proposed termination of their sewer service connection and will be offered an opportunity to show cause hereunder why the proposed action should not be taken.

      (2)   Civil penalties.

         (a)   Any user who is found to have failed to comply with any provision of §§ 51.090 through 51.092 or the orders, rules, rulings, regulations or permits issued hereunder may be fined up to $25,000 per day per violation.

         (b)   In determining the amount of the civil penalty, the Director shall consider the following:

            1.   The degree and extent of the harm to the sewage collection and treatment system or to the environment or to public health;

            2.   The duration and gravity of the violation;

            3.   The cost of rectifying the damage;

            4.   The amount of money saved by the user as a result of noncompliance;

            5.   Whether the violation was committed willfully or intentionally;

            6.   The prior record of the violator for failure to comply with §§ 51.090 through 51.092; and

            7.   The costs of enforcement to the town.

         (c)   Appeals of civil penalties assessed in accordance with this section shall be as provided herein.

      (3)   Other available remedies. Remedies in addition to those already mentioned in §§ 51.090 through 51.092 are available to the Director, who may use any single remedy or combination of remedies against a noncompliant user. Additional remedies include, but are not limited to:

         (a)   Injunctive relief. Whenever a user is in violation of the provisions of §§ 51.090 through 51.092 or an order or permit issued hereunder, the Director, through the Town Attorney, may petition the District or Superior Court for the issuance of a restraining order or a preliminary or permanent injunction which restrains or compels the user to perform or refrain from performing activities connected to the violation;

         (b)   Water supply severance. Whenever a user is in violation of the provisions of §§ 51.090 through 51.092 or an order or permit issued hereunder, water services to the user may be severed and service will only recommence, at the user’s expense, after the user has satisfactorily demonstrated the user’s ability and willingness to comply; and

         (c)   Public nuisance. Any violation of the limitations on wastewater discharge concentrations of oil, fats or grease as set forth herein is hereby declared to be a public nuisance and shall be corrected or abated as directed by the Director. An user or other person creating a public nuisance shall be subject to the provisions of the town’s code governing the nuisances, including reimbursement to the Director for any costs incurred in removing, abating or remedying the nuisance.

      (4)   Remedies not exclusive. The remedies provided for in §§ 51.090 through 51.092 are not exclusive. The Director may take any, all, or any combination of these actions against a non-complying user, and the Director may simultaneously take more than one enforcement action against a non-compliant user.

(Ord. passed 5-13-1975; Ord. passed 6-14-2005)