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If the town has been refused access to a building, structure or property of any part thereof, and if the town has demonstrated probable cause to believe that there may be a violation of this chapter or that there is a need to inspect as part of a routine inspection program of the town designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then upon application to an appropriate judicial officer, the town may obtain and utilize a search warrant among other available remedies. In the event of an emergency affecting public health and safety, inspections may be made without the issuance of a search warrant.
(Ord. 2008-2, passed 3-17-08)
Industrial users shall retain, and make available for inspection and copying, all records and information required to be retained under this chapter. These records shall remain available for a period of at least five years. This period shall be automatically extended for the duration of any litigation concerning compliance with this chapter, or where the industrial user has been specifically notified of a longer retention period by the town.
(Ord. 2008-2, passed 3-17-08)
In addition to other penalties imposed or remedies available for violations of the provisions of this chapter, any user or discharger who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the POTW shall be liable to the town for any one or more of the following which may be billed to the discharger by the town in its ordinary course of business and which shall be paid to the town within 30 days of the billing:
(A) Any and all costs incurred by the town for such things which include, but are not limited to, monitoring, metering, inspections, cleaning, repair, replacement or testing caused by the violation or discharge;
(B) Any and all expenses, loss, damage, or costs and expenses incurred by the town, including, but not limited to, attorney fees, engineering fees, and other expert and consulting fees caused by the violation or discharge; and
(C) Any and all other consequential damages, foreseen or otherwise, to the town, including, but not limited to, fines, penalties, damages and costs of injunctive relief that are incurred by the town, including the costs and expenses of legal proceedings and/or litigation, including, but not limited to, attorney fees, engineering fees, and other expert or consulting fees, incurred in the town’s defense against claims for such consequential damages.
(D) Any user or discharger which has violated or continues to violate any provision of this chapter, order issued hereunder, or any other requirement shall be liable to the town for a maximum civil penalty of $2,500 per violation, per day.
(E) Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.
(Ord. 2008-2, passed 3-17-08)
The town may require users of the treatment works, other than residential users, to supply pertinent information on wastewater flow characteristics. Such measurements, test and analyses shall be made at the user’s expense. If made by the town, an appropriate charge may be assessed to the user at the option of the town.
(Ord. 2008-2, passed 3-17-08)
(A) The Enforcement Response Plan for the Town of Kouts Wastewater Treatment Facility is hereby adopted in its entirety and be incorporated by reference and made part of the Town of Kouts Code of Ordinances.
(B) Copies of the Enforcement Response Plan for the Town of Kouts Wastewater Treatment Facility are hereby placed on file in the Clerk’s office and made available to all interested parties.
(Ord. 2022-9, passed 12-12-22)