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(A) The town shall publish annually, in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.
(B) The term SIGNIFICANT NONCOMPLIANCE shall mean:
(1) Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of wastewater measurements taken during a six-month period exceed the daily maximum limit or average limit for the same pollutant parameter by any amount;
(2) Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the daily maximum limit or the average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(3) Any other discharge violation that the town believes has caused, alone or in combination with other discharges, interference or pass through, including endangering the health of POTW personnel or the general public;
(4) Any discharge of pollutants that has caused imminent endangerment to the public or to the environment, or has resulted in the town’s exercise of its emergency authority to halt or prevent such a discharge;
(5) Failure to provide within 90 days of the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
(6) Failure to provide within 30 days after the due date, any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standards and deadlines, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance; or
(8) Any other violation(s) which the town determines will adversely affect the operation or implementation of the local pretreatment program.
(1996 Code, § 168-49)
The town may adopt reasonable fees for reimbursement of costs of setting up and operating the town pretreatment program, which may include:
(A) Fees for wastewater discharge permit applications including the cost of processing such applications;
(B) Fees for monitoring, inspection and surveillance procedures including the cost of collection and analyzing a user’s discharge, and reviewing monitoring reports submitted by users;
(C) Fees for reviewing and responding to accidental discharge procedures and construction;
(D) Fees for filing appeals; and
(E) Other fees as the town may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this chapter and are separate from all other fees, fines and penalties chargeable by the town.
(1996 Code, § 168-70)
ADMINISTRATIVE ENFORCEMENT REMEDIES
When the Wastewater Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Superintendent may serve upon said user a written notice of violation. Within ten days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Wastewater Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the town to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(1996 Code, § 168-50)
The Wastewater Superintendent may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 52.133 and 52.134 and shall be judicially enforceable.
(1996 Code, § 168-51)
The Wastewater Superintendent may order a user which has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Wastewater Superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 30 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
(1996 Code, § 168-52)
(A) When the Wastewater Superintendent finds that a user has violated, or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Wastewater Superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time.
(B) If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer.
(C) A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
(1996 Code, § 168-53) Penalty, see § 52.999
(A) When the Wastewater Superintendent finds that a user has violated, or continues to violate any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the Wastewater Superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(B) Issuance of a cease and desist order shall not be a bar against, or a prerequisite, for taking any other action against the user.
(1996 Code, § 168-54)
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