§ 50.188 ENFORCEMENT RESPONSE PLAN.
   (A)    The town shall prepare and follow an enforcement response plan in the administering of the town's pretreatment program. The enforcement response plan shall define a range of appropriate enforcement actions based on the nature and severity of non-compliance events and other relevant factors, the enforcement response plan shall identify actions to be taken should violations be of the nonsignificant type as well as the significant type. The town shall also evaluate and include in the plan, if possible, appropriate enforcement responses in context to prior violations of the user(s). The enforcement response selected must also be appropriate to the violation. The town shall generally consider the following criteria when determining a proper enforcement response:
      (1)   Magnitude of the violation.
      (2)   Duration of the violation.
      (3)   Effect of the violation on the receiving water.
      (4)   Effect of the violation on the town's treatment works.
      (5)   Compliance history of the industrial user.
      (6)   Good faith of the industrial user.
   (B)   The town shall designate an employee or representative of the town to serve as pretreatment program administrator. Such administrator shall be responsible for the administering of the town's pretreatment program and shall be directly responsible to the Mayor or other(s) as directed by the town for his or her actions.
   (C)   The Enforcement Response Plan is included as an Appendix to this chapter.
(Ord. 11-01, passed 1-3-11; Am. Ord. 19-04, passed 5-6-19; Am. Ord. 22-07, passed 5-2-22; Am. Ord. 23-06, passed 4-4-23)