(A) Grease mitigation. Any FSE who discharges any waste which causes or contributes to any sewer blockage or overflow, obstruction, interference, damage or any other impairment to the WWTP or to the operation of those facilities shall be liable for all costs required to clean or repair the facilities together with expenses incurred by the town to resume normal operations.
(B) Penalties. Any FSE who is found to have:
(1) Violated the effluent limitation set forth in this chapter;
(2) Caused the WWTP to violate any effluent limitation in the WWTP’s permit;
(3) Caused or contributed to obstructions or blockages in the sewer system;
(4) Non-effluent limit violations under this chapter or any orders, rules and regulations issued hereunder;
(5) Made any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter; and
(6) Falsified, tampered with or rendered inaccurate any monitoring device or method required under this chapter, shall be fined no more than $2,500 for each offense. Each day on which a violation occurs or continues may be deemed a separate and distinct offense.
(C) Determination of fines and penalties. A list of all applicable fines shall be found in the Utility’s Enforcement Response Plan. In addition to the penalties provided herein, the utility may recover reasonable attorneys’ fees, court costs, court reporters’ fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules and regulations issued hereunder.
(D) Revocation of the FOG registration certificate. Any FSE who violates the conditions of this chapter is subject to having its certificate revoked. Additionally if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance the certificate may be revoked. The certificate may also be terminated for the following, but not limited to, the following reasons:
(1) Failure of the FSE to report changes in operations;
(2) Refusal of reasonable access to the FSEs premises for the purpose of inspection or monitoring;
(3) Falsifying reports;
(4) Refusing to allow timely access to the facility premises and records;
(5) Repeated failure to meet effluent limitation;
(6) Causing or contributing to repeated obstruction and blockages of the sewer system;
(7) Failure to pay fines and penalties; and
(8) Failure to meet compliance schedules.
(E) Administrative enforcement. If the Director discovers an FSE is in violation of this chapter or any orders, rules and regulations issued hereunder, the Director shall have the authority to enforce this chapter.
(Ord. 1997-T-04, passed 11-11-1997)