A. Whenever the certified facility operator finds that any person has violated or is violating this article, or any prohibition, limitation, or requirement contained herein, he or she may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty (30) days, for the satisfactory correction thereof. A meeting with the certified facility operator may be scheduled at the request of the violating person or the certified facility operator to discuss the violation and/or satisfactory correction schedule.
B. Upon a finding by the certified facility operator that a person has caused or permitted an unauthorized discharge or that any such unauthorized discharge has not been corrected by timely compliance with a correction schedule whether with or without a meeting with the certified facility operator, he or she may order any person who causes or allows such unauthorized discharge to show cause before the Simla municipal court judge why service should not be terminated. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the municipal court judge regarding the violation, and directing the offending party to show cause before the Simla municipal court why an order should not be made directing the termination of service. The notice of the hearing shall be served personally or by certified mail at least ten (10) days before the hearing. Service may be made on any agent or office or a corporation.
C. The Simla municipal court judge shall conduct the hearing and shall:
1. Issue in the name of the board of trustees notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearing.
2. Receive evidence, including testimony and exhibits.
3. Transmit a report of the evidence and hearing to the board of trustees, including transcripts and other evidence, if deemed preferable, together with recommendations for action thereon.
D. At any public hearings, testimony taken before the municipal court shall be under oath and recorded electronically. The transcript so recorded will be made available to any person or party upon payment of the usual charges therefor.
E. Upon review of the evidence by the board of trustees, the board shall make written findings of fact. Thereupon, the board may:
1. Issue an order stating that no unauthorized discharge has occurred and directing that service shall not be terminated therefor;
2. Issue an order stating that an unauthorized discharge has occurred and directing that, following a specified time period, the wastewater treatment service of the offending party be discontinued unless:
a. Adequate treatment facilities, devices, or other appurtenances all have been installed, or
b. Existing treatment facilities, devices or other appurtenances are properly operated or maintained; or
3. Issue such other or further orders and directives as are necessary and appropriate.
F. Any party to the hearing aggrieved or adversely affected by an order of the board of trustees may appeal such order to the district court in and for the county of Elbert, pursuant to rule 106(a)(4) of the Colorado rules of civil procedure.
G. If any user discharges into the town's wastewater treatment system contrary to the provisions of this article, federal, or state pretreatment requirements, or any order of the town, the town's attorney may commence an action for appropriate legal and/or equitable relief, including a petition before the Simla municipal court, or other court of competent jurisdiction, for a temporary restraining order, preliminary, and/or permanent injunction against the violation.
H. The town may also terminate or cause to be terminated wastewater treatment service to any user for a violation of any provisions herein.
I. Any person or entity violating the provisions herein shall be liable for any expense, loss or damage caused the town by reason of such violation, including the increased costs, if any, for managing effluent and/or sludge, when such increases are the result of the user's discharge of toxic pollutants. The certified facility operator shall add such charge to the discharger's user charge.
J. In the event that a user discharging such pollutants which cause the town to violate any condition of its CDPS permit and the town is fined by the EPA or the state for such violation, then such user shall be fully liable for the total amount of the fine assessed against the town by the EPA and/or the state.
K. Any person who violates the provisions of this article shall be subject to a fine of not more than five hundred dollars ($500.00) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
L. In addition to the penalties provided herein, the town may recover reasonable attorney fees, court costs, court reporter's fees, and other expense of litigation by appropriate legal action against the user found to have violated any provisions herein, or the orders, rules, regulations, and permits issued hereunder. The attorney for the town, upon request of the town board, shall petition the Simla municipal court, or other court of competent jurisdiction, to impose, assess, and recover such sums.
M. Any user who knowingly makes false statements, representations, or certifications in any application, record, report plan or other document files or required to be maintained pursuant hereto, or pursuant to its wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required herein shall, upon conviction thereof, be subject to a fine of not more than five hundred dollars ($500.00). Alternately, the town may place the matter with the Elbert County district attorney, to determine whether or not a felony has occurred which requires prosecution in the Elbert County combined courts. (Ord. 242, 10-7-2003)