(A) Industries found to be in violation of industrial waste pretreatment requirements will be notified of the violation via certified mail.
(1) This notification will state the nature of the violation and request a representative of the industry to contact the pretreatment program administrator to arrange for a conciliation hearing.
(2) If hazardous or emergency conditions exist, the company will be notified by phone or telegram to appear immediately or on the following day.
(3) At the time of notification of violation of pretreatment standards, the company’s file will be placed into a separate violator’s file, in order to assure that all violators will be dealt with.
(B) At the conciliation hearing, the nature and extent of the violation will be reviewed; and the company will be asked to present a plan and schedule for attaining compliance. When the compliance date is agreed upon and compliance is verified by the pretreatment program administrator, the company file will then be placed with all other industries in compliance.
(C) If the conciliatory process breaks down, the administrator of the pretreatment program will recommend that the company be required to show cause why its discharge of pollutants to the POTW should not be prohibited. Show cause hearings will be formal hearings where legal testimony will be taken. Field personnel may be called upon to testify concerning their activity in the matter. These hearings should result in an order by the town which will require the violator to comply with pretreatment requirements by a certain date.
(D) After the town has reviewed the evidence, it may issue an order to the party responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances are properly operated, and such further orders and directives as are necessary and appropriate.
(E) If the company fails to comply with the town order, the administrator of the pretreatment program will recommend that a lawsuit be filed to seek injunctive relief and a fine for each day that the company’s discharge is in violation. The town will be represented in show cause hearings and in court by a member of its legal staff.
(F) Following a court-ordered compliance date, the company’s effluent discharge will be re-sampled, each sample being processed such that the chain of evidence is maintained. Each case will be pursued until the violator is in compliance.
(G) At the end of each year, the administrator will arrange to publish in the town’s largest daily newspaper the companies who have been in significant violation of pretreatment requirements.
(H) A significant violation will be any of the following:
(1) A violation for which a compliance schedule has not been submitted 45 days after notification of noncompliance;
(2) A violation which is part of a pattern of noncompliance over a 12-month period;
(3) A violation which involves a failure to accurately report compliance; and
(4) A violation which resulted in the POTW exercising emergency authority.
(1991 Code, § 50.50)