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JUDICIAL 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 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)
(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)
(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
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)
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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