(A) Notification of violation.
(1) A written notice must be presented to any customer/person who has been found to be in violation of any part of this subchapter.
(2) The notice must explain the violation and give the time period within which the violation must be corrected. The time period set to correct a violation shall not exceed 30 days after receiving notice unless otherwise specified. If the violation has been determined by the Public Works Department to be an imminent hazard the customer shall be required to correct the violation immediately.
(3) In the event a customer is found in violation of this subchapter and fails to correct the violation in a timely manner, or to pay any civil penalty or expense assessed under this section, water service will be terminated.
(4) The town shall bear no liability for direct or consequential damages proximately caused by discontinuance of water service.
(B) The violation of any section of this subchapter may be punished by a civil penalty listed as follows:
(1) Unprotected cross connection involving a private water system, which has an imminent hazard: $1,000 per day not to exceed $10,000.
(2) Unprotected cross connection involving a private water system is of a moderate or severe hazard: $500.
(3) Submitting false records or failure to submit records, which are required by this subchapter: $500 day.
(4) Failure to test or maintain backflow prevention assemblies as required: $100 per day.
(C) Reduction of penalty.
(1) The Public Works Department may reduce or dismiss any civil penalty imposed under this section if the Public Works Department has determined that the person/persons charged with the violation has no past history of violations as set by the Cross Connection Ordinance for town.
(2) No civil penalty shall be reduced if it has been determined the violation was intentional.
(3) Any person violating any part of this subchapter must reimburse the town for any expenses in repairing damage to the public water system caused by any violation and any expenses incurred for investigating a violation.
(Res. passed 9-11-2012)