§ 53.43 LEGAL ACTION AND UPSETS.
   (A)   If any entity discharges sewage, industrial wastes or other wastes into the town’s wastewater disposal system contrary to any ordinance of the town or any federal or state pretreatment requirements, the Town Attorney may commence an action for appropriate legal and/or equitable relief.
   (B)   (1)   Any discharger that experiences an upset in operations which places its discharge in non-compliance with this chapter must inform the town within 24 hours of the upset occurrence. When the information is given orally, a written report must be sent to the town within two business days. The report must specify:
         (a)   Description of the upset, the cause and the upset’s impact on the discharger’s compliance status;
         (b)   Duration of non- compliance, including times and dates of non- compliance; and
         (c)   Steps taken or to be taken to reduce, eliminate and prevent recurrence of an upset.
      (2)   A documented and verified operating upset may mitigate the consequences of an enforcement action brought by the town against a discharger for non-compliance.
   (C)   Any person who knowingly makes any false statement, representation or certification in any application, report or other document required by this chapter or other applicable regulations, or who tampers with or knowingly renders inaccurate any monitoring device, will, upon conviction, be punished by the imposition of a civil penalty as appropriate under local and/or state statutes.
(Prior Code, § 53.43) (Ord. 5-83, passed 11-21-1983) Penalty, see § 10.99