A. If wastewaters containing any substance described in this article are discharged or proposed to be discharged into the wastewater system of the town or to any wastewater system tributary thereto, the certified facility operator may take any action necessary to:
1. Prohibit the discharge of such wastewater;
2. Require a discharger to demonstrate that in-plant modifications will reduce or eliminate the discharge of such substances in conformity with this article;
3. Require treatment, including storage facilities or flow equalization necessary to reduce or eliminate the objectionable characteristics or substance so that the discharge will not violate this article;
4. Require the person making, causing or allowing the discharge to pay any additional cost or expense incurred by the town for handling and treating excess loads imposed on the wastewater treatment system; or
5. Take such other or further remedial action as may be deemed to be desirable or necessary to achieve the purposes of this article.
B. Any actual or threatened discharge of wastewater containing substances limited or prohibited by this article into the wastewater treatment system of the town which, by the determination of the certified facility operator, presents an imminent or substantial endangerment to the health or welfare of persons or to the environment, or which causes interference with the normal operation of the wastewater treatment system, may be immediately halted or eliminated by the certified facility operator. The certified facility operator may halt or eliminate such discharges by means of any procedure or measure authorized by this article for enforcement of discharge limitation and prohibitions, or by means of physical disconnection from the wastewater treatment system or other discontinuance of wastewater treatment service. Such discharges may be halted or eliminated without regard to the compliance of the discharge with other provisions of this article.
C. If the town is fined by the state or federal governments for any violation of its CDPS permit or violation of water quality standards as the result of a spill, intentional sludge discharge of a toxic pollutant, or discharge of wastewater containing substances limited or prohibited by this article into the wastewater treatment system of the town, then the fine, including all of the town's legal, engineering, sampling, and analytical testing cost and any other related costs shall be charged to the responsible user.
D. Where pretreatment or equalization of wastewater flows prior to discharge into any part of the wastewater treatment system is required, plans, specifications, and other pertinent data or information relating to such pretreatment or flow control facilities shall first be submitted to the certified facility operator for review and approval. Such approval shall not exempt the discharge of such facilities from compliance with any applicable code, ordinance, rule, regulation or order of any governmental authority. Such approval shall not be construed as or act as a guaranty or assurance that any discharge is or will be in compliance with any applicable code, ordinance, rule, regulations, or order of any governmental authority. Any subsequent alterations or additions to such pretreatment or flow control facilities shall not be made without due notice to and prior approval of the certified facility operator.
E. If pretreatment or control of wastewater waste flow is required, such facilities shall be maintained in good working order and operated as efficiently as possible by the owner or operator at his own cost and expense, subject to the requirements of this article and all other applicable codes, ordinances, laws, rules, and regulations.
F. Whenever it shall be necessary for the purposes of this article, the certified facility operator, upon the presentation of credentials, may enter upon any property or premises at reasonable times, including at any time during the operating day of the use, for the purposes of:
1. Copying any record required to be kept under the provisions of this article;
2. Inspecting any monitoring equipment or method; and/or
3. Sampling any discharge of wastewater into the wastewater treatment system.
The occupant of such property or premises shall render all proper assistance in such activities as conducted by the certified facility operator.
G. Each industrial user shall provide adequate protection as approved by the certified facility operator, from accidental discharge of prohibited materials of other wastes regulated by this article. Facilities and procedures to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or operator's own cost. Detailed plans showing facilities and operating procedures to prove this protection shall be submitted to the certified facility operator for review, and shall be approved by him before installation of the accidental discharge protection. Review and approval of such plans and operating procedures shall not relieve the industrial user from the responsibility to modify this facility as necessary to meet the requirements of this article.
H. If a facility has an accidental prohibited discharge, the owner or user of the facility responsible for such discharge shall immediately notify the certified facility operator so that corrective action may be undertaken to protect the wastewater treatment system. In addition, a written report addressed to the certified facility operator detailing the date, time and cause of the accidental discharge and corrective action taken to prevent future discharges, shall be filed by the responsible person within five (5) days of the occurrence of the noncomplying discharge. It shall be unlawful for any person to fail to report any accidental discharge which violates the prohibitions and limitations of this article. (Ord. 242, 10-7-2003)