(A) Assessments may be added to the user’s next scheduled sewer service charge and the Superintendent shall have such other collection remedies as may be available for other service charges and fees.
(B) Unpaid charges, fines, and penalties shall, after 30 calendar days, be assessed an additional penalty of 20% of the unpaid balance and interest shall accrue thereafter at a rate of 7% per month. Furthermore, these unpaid charges, fines, and penalties, together with interest therefrom, shall constitute a lien against the individual user’s property.
(C) Industrial users desiring to dispute such fines must file a written request for the Superintendent to reconsider the fine along with full payment of the fine about within ten days of being notified of the fine. Where the Superintendent believes a request has merit, he or she shall convene a hearing on the matter within 15 days after receiving the request from the industrial user. In the event the user’s appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the industrial user. The town may add the costs of preparing administrative enforcement action, such as notices and orders, to assess the fine.
(D) (1) A user that exceeds pollutant limitations, as set forth in § 53.10(A), shall receive an initial warning. A notice of violation as defined herein shall constitute a warning. A second exceedance of the same pollutant limitation shall result in a second warning.
(2) Any subsequent exceedances of the same pollutant limitation shall result in the assessment fines as described herein. Warnings above shall begin following a period of one year in which the user does not exceed the pollutant limitation.
(E) The Superintendent may suspend the sewer service user for a period not to exceed 30 days whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons, interferes with the operation of the municipal wastewater system, or which presents or may present an endangerment to the environment.
(1) (a) Any user notified of a suspension for its service shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Superintendent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the system, its receiving stream, or endangerment to any individuals.
(b) The Superintendent shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the town that the period of endangerment has passed, unless the termination proceedings set forth in division (F) below are initiated against the user.
(2) A user which is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the Superintendent prior to the date of any show cause or termination hearing under § 53.11(C) and division (F) below.
(F) (1) Any user which violates the following conditions of this subchapter, wastewater permits, or orders issued hereunder is subject to service termination:
(a) Violation of permit conditions;
(b) Failure to accurately report the wastewater constituents and characteristics of its discharge;
(c) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; and
(d) Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring, or sampling.
(2) Noncompliance industrial users will be notified of the proposed termination of their service and be offered an opportunity to show cause under § 53.11(C) why the proposed action should not be taken.
(Ord. 99-12, passed 11-22-1999)