§ 50.99 PENALTY.
   (A)   Generally. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
   (B)   Fats, oils, greases, sand and gas control.
      (1)   Any person, firm or corporation violating any provisions of §§ 50.70 et seq. shall be subject to the loss of public water until the wastewater been proven to contain 200 mg/l or less of grease; less than full compliance for more than 30 days after written notice of violation shall result in loss of public water until the user is fully compliant. If the user remains in violation a any provision of §§ 50.70 et seq. in excess of 30 days after written notice of violation, a civil penalty of $l00 per day plus costs required to correct the contamination shall be levied. If not corrected within 45 days from the receipt of the notice of violation, the privilege license of the user will be automatically revoked. Operation after revocation of the privilege license shall constitute a criminal offense punishable by a fine of $100 per day.
         (a)   A notification of violation and loss of public water use shall be issued by the Town Manager.
         (b)   A citation for the civil penalty shall be issued by the Fairmont Police Department.
         (c)   Each citation for a civil penalty must be paid within a 30 day period.
         (d)   Each and every day that the violation of any provision of this subchapter continues shall be a separate and distinct offense.
      (2)   A violator shall be responsible for reimbursement to the Town of Fairmont of all expenses
the town incurs due to the violation. These expenses include, but are not limited to, equipment, material, and labor costs for site remediation and cost recovery of a sanitary sewer overflow and all legal costs associated with the enforcement of §§ 50.70 et seq.
      (3)   The violator shall also be responsible for all costs associated with a public or private penalty against the town due to any violation of §§ 50.70 et seq.
   (C)   Cross connection controls.
      (1)   A written notice of violation shall be given to any person who is determined to be in violation of any provision of §§ 50.80 et seq.
      (2)   Such notice shall set forth the violation and the time period within which the violation must be corrected. The violation must be corrected within a reasonable time, as specified in the notice, not to exceed 30 days from receipt of the notice. If the town determines that the violation is occurring on a customer's private water system and that such violation has created or contributed to the existence of an imminent hazard, the customer may be required to correct the violation immediately.
      (3)   Water service may be terminated to a customer if the customer fails to correct a violation or to pay any civil penalty or expense assessed under this division. Termination of water service will be without prejudice to the town's ability to assert any other remedy available to the town against the customer or any other person responsible for the violation.
      (4)   The violation of any provision of this division shall subject the violator to a civil penalty. Each subsequent day that a violation listed in this division continues shall constitute a separate and distinct offense according to the following schedule:
         (a)   Unprotected cross connection involving a private water system which is a health hazard, per day...$1,000, or the amount written in the annual town budget ordinance.
         (b)   Falsifying records that are required to be submitted by this section - certified tester may be removed from the approved certified tester list...$500, or the amount written in the annual town budget ordinance.
         (c)   Failing to test backflow prevention assemblies as required...$200, or the amount written in the annual town budget ordinance.
         (d)   Failing to maintain backflow prevention assemblies as required...$200, or the amount written in the annual town budget ordinance.
         (e)   Any other violation of the provision of this division...$200, or the amount written in the town budget ordinance.
      (5)   The town may increase any civil penalty assessed under this division by $100 or 50% of a maximum civil penalty associated with the violation, whichever is greater, for a second violation of the same provision within a 2-year period. Water service may be terminated after a third violation of the same provision within a 2-year period.
      (6)   Any person violating any provision of this division shall pay to the town all expenses incurred by the town in repairing any damage to the public water system caused in whole or in part by such violation and any expense incurred by the town in investigating such violation. All such expenses are deemed to be a part of the civil penalty assessed with the violation.
(Ord. 06-101, passed 4-18-2006; Am. Ord. 09-120, passed 7-21-2009)