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(A) The Public Works Director (or his or her designee) will conduct a minimum of 1 compliance inspection annually, based on compliance history, collection system problems, etc. Except as provided herein, for a period of 1 year following the adoption of this subchapter, no enforcement actions will be taken for failure to achieve the performance criteria specified in § 53.77.
(B) Failure to service the grease trap or interceptor in the time period required and/or failure to provide required documentation shall each constitute a violation of this subchapter. Users who continue to violate this subchapter may be subject to discontinuance of water service. The town may assess surcharges or penalties as specified in the town sewer use ordinance.
(C) If an obstruction of any of the town’s sanitary sewer main(s) occurs and causes a sewer overflow, spill, leak, or other event with any environmental impact, and the event can be attributed in part or in whole to a particular user, then the town will seek enforcement action under the sewer use ordinance and/or the pretreatment enforcement plan.
(Ord. passed 2-23-2009)
(A) (1) Any user who is found to have failed to comply with any provision of this chapter, or the orders, rules, regulations and permits issued hereunder, may be fined up to $25,000 per day per violation.
(2) Penalties between $10,000 and $25,000 per day per violation may be assessed against a violator only if:
(a) For any class of violation, only if a civil penalty has been imposed against the violator with in the 5 years preceding the violation; or
(b) In the case of failure to file, submit or make available, as the case may be, any documents, data or reports required by this chapter, or the orders, rules, regulations and permits issued hereunder, only if the POTW Director determines that the violation was intentional and a civil penalty has been imposed against the violator within the 5 years preceding the violation.
(B) In determining the amount of the civil penalty, the POTW Director shall consider the following:
(1) The degree and extent of the harm to the natural resources, to the public health or to public or private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with the pretreatment program; and
(8) The costs of enforcement to the town.
(C) Appeals of civil penalties assessed in accordance with this section shall be as provided in § 53.30(H) above.
(Ord.– § 8.2, passed 9-26-2005)