(A) Any person required by §§ 52.25 through 52.38 to install a building sewer and connect the same to a public sanitary sewer of the town who fails to do so consistent with the notice provisions of § 52.27(G) shall be required to pay to the town a civil fine of $500. Additionally, any such person failing to install and connect such building sewer to the public sanitary sewer within the 90-day notice provision aforedescribed, shall immediately from and after the passage of said 90 days, become liable and responsible for the sewage rate charges established by the town sewer rate ordinance (§§ 52.01 through 52.11) as would pertain to unmetered properties. The assessment of such sewer charges shall continue for each month from and after the commencement thereof until such time as the building sewer is properly installed and connected to the public sanitary sewer consistent with the provisions of §§ 52.25 through 52.38. Any person failing to pay the $500 civil fine herein stated, or failing to pay the sewer charges herein recited, shall be subject to all rights and remedies of the town pertaining to failure to pay sewage charges, to include interest, penalties, attorney fees, and other costs of collection, all as set forth in the town sewer rate ordinance (§§ 52.01 through 52.11).
(B) Any person found to be violating any provision of §§ 52.25 through 52.38, an IWP permit, or any other pretreatment standard or requirement, may be served by the town with a written notice of violation (NOV) stating the nature of the violation, providing a reasonable time limit to achieve compliance, and requiring submission by the user to the town within a specific time a written response, including corrective measures taken or planned to prevent recurrence of the violation. Nothing in this section shall limit the authority of the town to take any action, including emergency actions or other enforcement actions, without first issuing a notice of violation.
(C) Any user who is found to have violations under §§ 52.25 through 52.38 or any orders, rules, regulations and permits issued hereunder, may be subject to a civil fine of at least $1,000 per day, per violation, but no more than $2,500 per day, per violation. Each day in which any violation shall continue shall be deemed a separate offense under this division (C).
(D) Any person who shall continue any violation beyond the time limit provided for in division (B) of this section shall be subject to a civil fine of at least $1,000 per day, per violation, but no more than $7,500 per day, per violation for subsequent violations. Each day in which any violation shall continue shall be deemed a separate offense under this division (D).
(E) For any continuing violation, the Superintendent may issue a shutoff order allowing the town to shut off the user’s supply of municipal water from the town or direct the user to halt operations or terminate wastewater discharge until all violations have been corrected.
(F) Any civil penalties imposed on a user under§§ 52.25 through 52.38 shall be consistent with the town’s enforcement response plan. In addition, any user violating any of the provisions of §§ 52.25 through 52.38 shall be liable to the town for any expense, loss, or damage occasioned by the town by reason of such violation, including but not limited to, the costs and expenses of locating the source of the violation, repairing any damage to the sewage works caused by such violation, attorney fees, court costs, sampling and laboratory costs, engineering fees, administrative time and expense, labor, and all other costs associated with enforcement and compliance with §§ 52.25 through 52.38.
(G) Penalty for failure to connect following an order to connect.
(1) A penalty assessed in an amount equal to:
(a) The rate applicable to unmetered water users of the given class of users under the town’s effective sewer rate ordinance; plus
(b) Any surcharges or assessments for debt service obligations, per month is reasonable and just (“penalty”).
(2) Property owners who have been given notice in accordance with I.C. 36-9-23-30(c) by the town must connect to the sewage works of the town by the date specified in the order to connect.
(3) A property owner’s failure to comply with an order to connect constitutes a violation of the order to connect and subjects the property owner to the above penalty.
(4) The town may collect and enforce the penalty against property owners who violate an order to connect pursuant to I.C. 36-9-23.
(Ord. 383, passed 12-6-1999; Ord. 596, passed 3-6-2017; Ord. 686, passed 6-5-2023)