§ 52.096 NOTIFICATION OF VIOLATION.
   (A)   Whenever the town finds that any user has violated or is violating wastewater discharge permit terms, conditions, limitations, requirements, and instructions, including any federal categorical pretreatment standards or any effluent limits adopted by the town or required, by state law, or any prohibition, limitation of requirements contained within this chapter, the town may serve upon such person a written notification of violation (NOV) stating the nature of the violation. The NOV shall be served either personally or by certified mail to the individual (by tide) responsible for each type of response, return receipt requested. The NOV may include but not be limited to:
      (1)   An order for corrective action;
      (2)   A schedule to attain compliance;
      (3)   An order to show cause either in writing or in person;
      (4)   An order to cease discharge;
      (5)   A suspension or revocation of the user's permit; and/or
      (6)   An order to respond in writing to the allegations.
   (B)   Additional orders and changes to a suspension or revocation may follow the initial order at the discretion of the Public Works Director or as additional information becomes available. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof or appropriate response shall be submitted to the town by the user.
   (C)   Upon review of a response to NOV, the Public Works Director may accept the response as complete and satisfactory, or incomplete and unsatisfactory.
   (D)   If the NOV is complete and satisfactory, the Public Works Director shall consider the issue regarding the NOV closed. The Public Works Director will notify the user in writing regarding the closure of the NOV. The closure of the NOV does not preclude further enforcement action.
   (E)   If the NOV is incomplete and unsatisfactory, the Public Works Director may, but not be limited to require any nonsubmitted or additional information, suspend or revoke the user's permit, order the user to cease discharge, and/or seek civil penalties as they apply to the violations.
(Ord. 09-03, passed 2-10-2009)