(A) Progression of penalty for violations of the FOG policy.
(1) When FOG policy violations are found at any restaurant or food preparation establishment the utility needs to take enforcement action to correct the issue. Violations may be as a result of on-site inspections by utility or County Health Department personnel, general complaints, consumer tips or observation of collection system problems from various utility department personnel.
(2) Establishments found to be violating the FOG policy shall be sent a notice of violation (NOV) that will outline the nature of the violation and the corrective measures that need to be taken along with a time frame in which the establishment must act. Failure to address the issue, failure to respond or failure to meet the stipulated time frame(s) will result in the issuance of a monetary penalty. The establishment shall also be responsible for reimbursing the utility for all costs incurred by the utility associated with the violation of the FOG policy, including, but not limited to, collection system maintenance/cleaning costs, property damage, administrative costs, engineering costs and legal costs.
(B) Fine structure.
(1) The fine structure shall be as follows:
(a) First NOV subjects the violator to a civil penalty of $250 if the violator fails to act upon a corrective recommendation within 20 working days. Costs incurred by the utility will also be applied. The 20 working days referenced may be reduced when significant water quality degradation has occurred or there is a high potential for such degradation to occur if left uncorrected. If corrective action is undertaken in the 20-day period, or a plan approved by the utility committee at its next scheduled meeting after the NOV is issued, the civil penalty will be waived; however, costs incurred by the utility will still be required to be paid.
(b) Second NOV for the same issue means that after the expiration of the time period for correction established in the first NOV, the condition or conditions constituting a violation in the first notice remain uncorrected or otherwise not compliant with the FOG policy. The violator shall be subject to an additional civil penalty of $500 if the violator fails to act upon a corrective recommendation within ten working days. Costs incurred by the utility will also be applied. The ten working days referenced here may be reduced when significant water quality degradation has occurred or there is a high potential for such degradation to occur if left uncorrected. If corrective action is undertaken in the ten-day period, or a plan approved by the utility committee at its next scheduled meeting after the NOV is issued, the civil penalty of $500 will be waived but not the penalty of $250 or the collection system cleaning costs.
(c) Third NOV for the same issue means that at any time after a ten-working day period for the correction of a second NOV has elapsed, the condition or conditions constituting the violation remain uncorrected and the violator will be subject to a civil penalty of $2,500 in addition to the original $250, and the second NOV of $500, and the costs incurred by the utility will be applied.
(d) Any further noncompliance will result in a daily fine of $250/day plus the costs incurred by the utility will be applied to the appropriate individual or individuals responsible for correcting the violating condition or conditions.
(2) The Sewer Office, after notification by the Plant Superintendent or his or her designee, will prepare the NOV and issue such notification to the affected property owner. Notification shall also be provided to the Sewer Committee and Town Council. In the event the affected property owner fails to comply with the NOV, the Sewer Office shall alert the Town Council that a fine or fines should now be levied and any further civil action that may be needed for failure of the establishment to submit payment. Payment will be collected by the utility administrative office.
(Ord. 2012-20, passed 8-22-2012)