(A) (1) Any user violating any provision of this chapter shall be subject to penalties as set out forth in this chapter and the Sewer Rate Ordinance, plus any expenses, loss or damage that may have occurred to the town’s sanitary sewer system by reason of such infraction. In addition, any user continuing any violation or infraction of this chapter and/or Sewer Rate Ordinance beyond the time limit set out in the notice of violation as provided for in § 52.065 shall be guilty of an infraction and upon conviction shall be fined in an amount that shall be set by the Town Council from time to time for each infraction for the first infraction.
(2) A user may be charged up to an amount that shall be set by the Town Council from time to time for subsequent infractions. Each day of which any such violation or infraction continues shall be deemed a separate offense.
(B) (1) Finally, any user violating any provision of this chapter shall be subject to administrative fines. An administrative fine is a punitive monetary charge assessed by the town’s sanitary sewer system rather than a court, for a user who is found to have violated any provision of this chapter, or permits and orders.
(2) Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. The purpose of the fine is to recover the economic benefit of noncompliance and to deter future violations.
(3) Said fines shall be levied in accordance with the amounts set forth in this chapter, the Sewer Rate Ordinance and orders. When assessing an administrative fine the following factors are considered:
(a) Type and severity of the violation;
(b) Number of violations cited;
(c) Duration of noncompliance;
(d) Impact of the violation on the receiving water, sludge quality and sewage works operation;
(e) Whether the violation threatened public health;
(f) The economic benefit or savings the industrial user gained from the noncompliance;
(g) Compliance history of an industrial user; and
(h) Whether an industrial user is making a good faith effort to comply.
(Ord. 2015-6, passed 6-25-2015)