(A) Accidental discharges.
(1) A user shall notify the Superintendent immediately upon accidentally discharging chemicals, corrosive substances, or anything deleterious to the sewerage system or treatment process, or wastewaters in violation of this chapter, to enable countermeasures to be taken by the town to minimize damage to the sewerage system, treatment processes, and the receiving stream.
(2) This notification shall be followed within seven days of the date of occurrence by a detailed written report, signed by the user, describing the causes of the accidental discharge and the measures being taken to prevent future similar occurrences.
(3) Such notification will not relieve users of liability for any expense, loss, or damage to the sewerage system, wastewater treatment plant, or treatment process, or any fines or penalties imposed by the Town Council, which expense, loss, or damage shall be paid for by the user.
(4) A notice shall be furnished and permanently posted advising designated responsible employees to call the Superintendent in case of accidental discharge in violation of this chapter.
(B) Continued failure to meet wastewater admissibility requirements or the terms of major contributor permits. The Council shall have the following methods of recourse in the event of repeated or willful failure by a user to meet the wastewater admissibility requirements of this chapter. In addition, the town shall have and the Council may exercise all other legally available remedies.
(1) Submission of time schedule. When the town finds that a discharge of wastewater has been taking place in violation of the admissibility requirements prescribed in §§ 52.055 through 52.069 or the provisions of a major contributor permit, the town may require the user to submit for approval a detailed time schedule of specific actions, acceptable to the Town Council, which the user shall take in order to prevent or correct a violation of requirements.
(2) Issuance of cease and desist orders. When the town finds that a discharge of wastewater has taken place or is likely to take place in violation of the admissibility requirements of §§ 52.055 through 52.069, or of a major contributor permit, the Town Council may issue an order to cease and desist, and may direct that the user not complying with such requirements comply forthwith, comply with a time schedule set forth by the Town Council, or take appropriate remedial or preventive action.
(3) Injunction. When the town finds that a discharge of wastewater is in violation of the admissibility requirements of §§ 52.055 through 52.069 or the provisions of a major contributor permit, or otherwise causes or threatens to cause a condition of pollution or nuisance, the Town Council, on behalf of the town, may petition any court of proper jurisdiction for the issuance of a preliminary or permanent injunction or both, as may be appropriate, in restraining the continuance of such a discharge.
(4) Termination of service. The town may revoke any major contributor permit or terminate or cause to be terminated wastewater service in whole or in part if a violation of any provisions of this chapter or the major contributor permit is found to exist, or if a discharge causes or threatens to cause a condition of pollution or nuisance as defined in this chapter, or causes the town to violate the terms of its NPDES permit or any state or federal law or regulation.
(5) Administrative appeals.
(a) Any user affected by any decision, action, or determination, including cease and desist orders, made by the Superintendent, interpreting or implementing the provisions of this chapter, any permit issued herein, or any action, decision, or regulation of the Town Council adopted pursuant hereto, may file with the Town Council a written request for review and reconsideration within ten days of such a decision, action, or determination, setting forth in detail the facts supporting the user’s request for reconsideration.
(b) The appeal shall, if reasonably possible, be heard by the Town Council within 30 days from the date of filing. The Superintendent’s decision, action, or determination shall remain in effect during such period of reconsideration, unless the Town Council otherwise determines on request of the user.
(Ord. 81-4, passed 11-2-1981)