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§ 51.29  CONSUMER RESPONSIBILITIES.
   (A)   The consumer shall, upon notification as defined in § 51.27 of this chapter, install the hazard containment device(s) as required within 90 days from the date of notification.
   (B)   If, after expiration of 90 days, the containment device(s) has not been installed in conformance with standards set by the town or its designee, in a proper working condition, the town or its designee may discontinue the public water supply service at that premises, and service shall not be restored until such devices have been installed. The town or its designee may permit an extension of up to 90 additional days if compliance efforts are underway and the existence of hardship can be demonstrated.
   (C)   The town shall bear no liability for direct or consequential damages proximately caused by the discontinuance of service pursuant to this section.
(Ord. passed 9-14-2004)  Penalty, see § 51.99
§ 51.30  TESTING AND MAINTENANCE OF DEVICES.
   The consumer at each property at which containment and/or confinement device(s) have been installed, except those with devices installed in accordance with § 51.24(A) of this chapter, shall have each containment and/or confinement device(s) tested on an annual basis, and perform any routine maintenance to such device as recommended by the manufacturer, and provide the Cross-Connection Coordinator with a report of that inspection and work. The consumer shall cause such maintenance, or repairs to be made, rendering the device fully operational. Failure of the consumer to perform that testing and maintenance shall be cause for the premises to be deemed an immediate public health hazard. The town or its designee may immediately thereafter discontinue public water supply service to that premises and service shall not be restored until such services have been rendered operational. Where the use of water is critical to the continuance of normal operations or protection of life, property or equipment, duplicated containment or confinement devices shall be provided by the property owner to avoid the necessity of discontinuing water service to test or repair the device or devices.
(Ord. passed 9-14-2004)
§ 51.31  LIMITATION OF LIABILITY.
   The town shall not be held liable, for any cause, for failure to detect any unit failing to operate adequately, or failure to identify any specific hazard, which may result in contamination of its public water supply, nor shall this subchapter diminish the responsibility of any property owner from whose property a contamination of the public water supply may originate.
(Ord. passed 9-14-2004)
§ 51.32  EFFECTIVE DATE.
   This subchapter shall be in full force and effective on 9-14-2004.
(Ord. passed 9-14-2004)
§ 51.99  PENALTY.
   (A)   Whoever violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the provisions of § 10.99 of this code of ordinances.
   (B)   (1)   General. Violation of any provision of §§ 51.15 through 51.32 of this chapter may subject the offender to a civil penalty to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after the assessment has become final by exhaustion of the appeal process established by §§ 51.15 through 51.32 of this chapter, or by failure to appeal the assessment. The civil penalty for violation of any provision of §§ 51.15 through 51.32 of this chapter shall not exceed $500 per day for each day of continuous violation, or a cumulative or single civil penalty of $10,000. The civil penalty for willful violation of any provision of §§ 51.15 through 51.32 of this chapter shall not exceed $1,000 per day for each day of a continuous violation, or a cumulative or single civil penalty of $20,000.
      (2)   Assessment. Any civil penalty shall be assessed by the Town Manager, upon the recommendation of the town or its designee, and shall be based upon the reasonable estimated cost of correcting the cited violation, the magnitude of the potential risk posed to the public health, safety and welfare by the violation, and the cost of the public safety or other emergency response caused by the violation. The Town Manager shall serve written notice of the civil penalty assessment an the offender and set out with reasonable care the basis of the amount so assessed.
      (3)   Equitable relief. An appropriate equitable remedy, including a mandatory or prohibitory injunction, issuing from a court of competent jurisdiction may endorse the provisions of §§ 51.15 through 51.32 of this chapter.
      (4)   Enforcement option. The penalties and enforcement provisions established by this division (B) may be applied in additional to or instead of the penalties established by other sections of this code.
(Ord. passed 9-14-2004)