(A) No unauthorized person shall maliciously, willfully or negligently break, damage, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewage works. Any person violating this provision shall be subject to immediate arrest.
(B) The town may immediately and without prior notice suspend the wastewater treatment service of a discharger if it appears to the town, based upon factors addressed in this chapter, that an actual or threatened discharge presents an imminent danger to the welfare of persons, to the environment, to the operation of the town’s wastewater treatment plant, or contaminates the resultant sludge and jeopardizes the opportunity for its disposal through land application, or violates any discharge limits. Any discharger notified of the suspension of wastewater treatment service must immediately cease all discharges. If the discharger fails to comply voluntarily with a suspension order, the town may immediately commence judicial proceeding to compel the discharger’s compliance with the order. The town can reinstate the wastewater treatment service and terminate judicial proceeding provided the discharger can prove the elimination of the non-complying discharge or conditions as outlined above.
(C) Whenever the town finds that any discharger has engaged in conduct other than that set forth in division (B) above, which justifies revocation of a permit or suspension of service, the town will serve the discharger with a written notice, either personally or by certified or registered mail, stating the nature of the alleged violation. Within ten days of the date of receipt of this notice, the discharger must respond personally or in writing to the town, advising of its position with respect to the allegations. Thereafter, the parties must meet to determine the seriousness of the allegations and where necessary, establish a plan for the satisfactory correction of the violation.
(D) Where a violation of the town’s ordinance or if applicable pretreatment regulations occurs and is not corrected by timely compliance, the town may order any discharger to show cause before them and state why the proposed permit revocation action should not be taken. A written notice must be served on the discharger by personal service, certified or registered, specifying the time and place of a hearing to be held by the town. The hearing will consider the violations, the proposed enforcement action, reasons why the enforcement action is to be taken, and directing the discharger to show cause before the town as to why the proposed enforcement action should not be taken. The notice of the hearing must be served no less than ten days before the hearing. Service may be made on any agent, officer, or authorized representative of a discharger. The proceedings at the hearing will be considered by the town and appropriate orders with respect to the alleged improper activities of the discharger will be issued.
(E) The town is entitled to inspect or review any storm sewer, any storm sewer connections, or any downspouts or anything located on anyone’s property in order to check the storm water system or anything of that nature.
(F) Any user affected by any decision, action, or determination made by the town, interpreting or implementing the provisions of this chapter or in any permit issued herein, may be appealed to the Circuit Court of the county under the appeal procedures provided for in the Indiana Administrative Adjudication Act.
(G) If any person discharges sewage, industrial wastes, or other wastes into a town’s wastewater disposal system contrary to the Municipal Ordinance, federal or state pretreatment requirements, or any order of the town, the Town Attorney may commence a judicial action for appropriate legal and/or equitable relief.
(Ord. 040602, passed - -)