(A) Legal action authorized. If any user discharges into the town’s wastewater treatment system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the town, the town’s attorney may commence an action for appropriate legal and/or equitable relief, including a petition in a court of competent jurisdiction for a temporary restraining order, preliminary and permanent injunction against the violation.
(B) Termination of service. The Town Manager may terminate or cause to be terminated wastewater treatment service to any user for non-payment for users outside the town limits pursuant to C.R.S. § 31-35-708 or if any user discharges into the town’s wastewater treatment system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the town.
(C) Civil liability for expenses. Any person violating the provisions herein shall be liable for any expense, loss or damage caused the town by reason of such violation, including the increased costs, if any, for managing effluent and/or sludge, when such increases are the result of the user’s discharge of toxic pollutants. The Superintendent shall add such charge to the discharger’s user charge.
(D) Civil fine pass through. In the event that a user discharging such pollutants which cause the town to violate any condition of its CDPS permit and the town is fined by EPA or the state for such violation, then such user shall be fully liable for the total amount of the fine assessed against the town by EPA and/or the state.
(E) Penalties for violation. Any person who violates the provisions of this chapter shall be subject to a fine of not more than $500 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(F) Appropriate penalties. In addition to the penalties provided herein, the town may recover reasonable attorneys’ fees, court costs, court reporter’s fees and other expenses of litigation by appropriate legal action against the user found to have violated any provisions herein, or the orders, rules, regulations and permits issued hereunder. The attorney for the town, upon request of the Town Board of Trustees, shall petition the District Court to impose, assess and recover such sums.
(G) Penalties for falsifying information. Any user who knowingly makes false statements, representations or certifications in any application, record, report plan or other document files or required to be maintained pursuant hereto, or pursuant to its wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required herein shall, upon conviction, be subject to a fine of not more than $500.
(Prior Code, § 137.12.3) (Ord. 171, passed 7-7-1958; Ord. 339, passed - -; Ord. 480, passed 3-6-2003; Ord. 577, passed 11-6-2014)