(A) A written notice of violation shall be given to any person who is determined to be in violation of any provision of this chapter.
(B) Such notice shall set forth the violation and the time period within which the violation must be corrected. The violation must be corrected within a reasonable time, as specified in the notice, not to exceed 30 days from receipt of the violation notice. If the Director determines that the violation is occurring on a customer’s private water system and that such violation has created or contributed to the existence of an imminent hazard, the customer may be required to correct the violation immediately.
(C) Water service may be terminated to a customer if the customer fails to correct a violation or to pay any civil penalty or expense assessed under this section. Termination of water service will be without prejudice to the town’s ability to assert any other remedy available to the town against the customer or any other person responsible for the violation.
(D) The violation of any provision of this chapter shall subject the violator to a civil penalty.
(1) Each subsequent day that a violation listed in divisions (D)(1)(a) through (D)(1)(d) below continues shall constitute a separate and distinct offense according to the following schedule:
(a) Unprotected cross-connection involving a private water system which is an imminent hazard: $1,000/day;
(b) Unprotected cross-connection involving a private water system which is a high hazard: $750/day;
(c) Unprotected cross-connection involving a private water system which is a moderate hazard: $500/day; and
(d) Unprotected cross-connection for which no other civil penalty is prescribed: $250/day.
(2) Each violation listed in divisions (D)(2)(a) through (D)(2)(e) below shall be considered a one-time violation subject to the following schedule:
(a) Falsifying records which are required to be submitted by this chapter: tester may be removed from the approved certified tester list and/or $500;
(b) Submitting incomplete records or failing to submit records which are required by this chapter: tester may be removed from the approved certified tester list and/or $250;
(c) Failing to test backflow prevention assemblies as required: $100;
(d) Failing to maintain backflow prevention assemblies as required: $100; and
(e) Any other violation of the provisions of this chapter: $100.
(E) The Director may increase any civil penalty assessed under this section by $100 or 50% of the maximum civil penalty associated with the violation, whichever is greater, for a second violation of the same provision within a two-year period. Water service may be terminated after a third violation of the same provision within a two-year period. Any person violating any provision of this chapter shall pay to the town all expenses incurred by the town in repairing any damage to the public water system caused in whole or in part by such violation and any expense incurred by the town in investigating such violation. All such expenses are deemed to be a part of the civil penalty assessed with the violation.
(Ord. passed 5-1-2012)