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§ 52.136  EMERGENCY SUSPENSIONS.
   (A)   The Wastewater Superintendent may immediately suspend a user’s discharge after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Wastewater Superintendent may also immediately suspend a user’s discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or which presents, or may present, an endangerment to the environment.
      (1)   Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user’s failure to immediately comply voluntarily with the suspension order, the Wastewater Superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Wastewater Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Wastewater Superintendent that the period of endangerment has passed, unless the termination proceedings in § 52.137 are initiated against the user.
      (2)   A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Wastewater Superintendent, prior to the date of any show cause or termination hearing under §§ 52.132 or 52.137.
   (B)   Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
(1996 Code, § 168-56)
§ 52.137  TERMINATION OF DISCHARGE.
   (A)   In addition to the provisions in §§ 52.070 through 52.077, any user who violates the following conditions is subject to discharge termination:
      (1)   Violation of wastewater discharge permit conditions;
      (2)   Failure to accurately report the wastewater constituents and characteristics of its discharge;
      (3)   Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
      (4)   Refusal of reasonable access to the user’s premises for the purpose of inspection, monitoring or sampling; or
      (5)   Violation of the pretreatment standards in §§ 52.015 through 52.020.
   (B)   Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 52.132 why the proposed action should not be taken.
   (C)   Exercise of this option by the Wastewater Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
(1996 Code, § 168-57)
JUDICIAL ENFORCEMENT REMEDIES
§ 52.150  INJUNCTIVE RELIEF.
   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 petition the County Circuit Court through the Town Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this chapter on activities of the user. The Wastewater Superintendent may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(1996 Code, § 168-58)
§ 52.151  CRIMINAL PROSECUTION.
   (A)   A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine or imprisonment of not more than the maximum fine allowed under state law.
   (B)   A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of fine and/or imprisonment as prescribed by state law.
   (C)   A user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this chapter, wastewater discharge permit or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine and/or imprisonment as prescribed by state law.
   (D)   In the event of a second conviction, a user shall be punished by a line and/or imprisonment as prescribed by state law.
(1996 Code, § 168-60)
§ 52.152  REMEDIES NONEXCLUSIVE.
   (A)   The remedies provided for in this chapter are not exclusive.
   (B)   The Wastewater Superintendent may take any, all or any combination of these actions against a noncompliant user.
   (C)   Enforcement of pretreatment violations will generally be in accordance with the town enforcement response plan. However, the Wastewater Superintendent may take other action against any user when the circumstances warrant.
   (D)   Further, the Wastewater Superintendent is empowered to take more than one enforcement action against any noncompliant user.
(1996 Code, § 168-61)
SUPPLEMENTAL ENFORCEMENT ACTION
§ 52.165  PERFORMANCE BONDS.
   The Wastewater Superintendent may decline to reissue a wastewater discharge permit to any user which has failed to comply with the provisions of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the town, in a sum not to exceed a value determined by the Wastewater Superintendent to be necessary to achieve consistent compliance.
(1996 Code, § 168-62)
§ 52.166  LIABILITY INSURANCE.
   The Wastewater Superintendent may decline to reissue a wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
(1996 Code, § 168-63)
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