A.
Violations of this Part 2, including a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement, may subject the person(s) causing the violation
and/or the permittee to an enforcement action consistent with the
provisions of this Part 2. Enforcement options available to the Town
include, but are not limited to, notification of violation; administrative
order; consent order; show-cause hearing; emergency suspension; termination
of discharge; administrative penalty; injunctive relief; judicial
civil penalty; and criminal action.
B.
The remedies provided for in this Part 2 are not exclusive.
The Superintendent may take any, all, or any combination of these
actions against a noncompliant user or other person causing a violation.
Enforcement of pretreatment violations will generally be in accordance
with the Town's enforcement response plan. However, the Superintendent
may take other action against any user when the circumstances warrant.
Further, the Superintendent is empowered to take more than one enforcement
action against any noncompliant user.
C.
In determining the amount of liability the Town may,
among other things, take into account all relevant circumstances,
including but not limited to the extent of the harm caused by the
violation, the magnitude and duration of the violation, any economic
benefit gained through the person's violation, corrective actions
taken by the person, and any other relevant factor.
D.
Any person violating any of the provisions of this
Part 2, including a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement, shall become liable
to the Town for any expense, loss or damage occasioned by the Town
by reason of such violation, including but not limited to attorneys'
fees and costs of prosecution.
When the Superintendent finds that a user has violated, or continues to violate, any provision of this Part 2, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may serve upon that user a written notice of violation. Within 15 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
When the Superintendent finds that a user has
violated, or continues to violate, any provision of this Part 2, a
wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement or that the user's past violations
are likely to recur, the Superintendent may issue an order to the
user directing that the user come into compliance immediately or within
another specified time and/or take such appropriate remedial or preventive
action as may be needed to properly address a continuing or threatened
violation, including halting operations and/or terminating the discharge.
If the user does not come into compliance within the time provided,
sewer service may be discontinued unless adequate treatment facilities,
devices or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to
address the noncompliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants
discharged to the sewer. An administrative order does not extend the
deadline for compliance established for a pretreatment standard or
requirement, nor does an administrative order relieve the user of
liability for any violation, including any continuing violation. Issuance
of an administrative order shall not be a bar against, or a prerequisite
for, taking any other action against the user. Compliance with an
administrative order shall not be a defense to violation of this Part
2, a wastewater discharger permit, any other order or any other pretreatment
standard or requirement.
The Superintendent may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as an administrative order issued pursuant to § 146-86 and shall be judicially enforceable.
The Superintendent may order a user which has
violated, or continues to violate, any provision of this Part 2, a
wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, to appear before the Superintendent
and show cause why the proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place for
the meeting, the proposed enforcement action, the reasons for such
action, and a request that the user show cause why the proposed enforcement
action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested)
at least 30 days prior to the hearing. Such notice may be served on
any authorized representative of the user. A show cause hearing shall
not be a bar against, or prerequisite for, taking any other action
against the user.
A.
The Superintendent may immediately suspend a user's
discharge, after informal notice to the user, whenever such suspension
is necessary to stop an actual or threatened discharge that reasonably
appears to present or cause an imminent or substantial endangerment
to the health or welfare of persons. The Superintendent may also immediately
suspend a user's discharge, after notice and opportunity to respond,
that threatens to interfere with the operation of the POTW, or which
presents, or may present, an endangerment to the environment.
(1)
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to any individuals. The Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in § 146-90 are initiated against the user.
(2)
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Superintendent prior to the date of any show cause or termination hearing under § 146-88 or 146-90.
B.
Nothing in this section shall be interpreted as requiring
a hearing prior to any emergency suspension under this section.
A.
In addition to the provisions in § 146-65, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents
and characteristics of its discharge;
(3)
Failure to report significant changes in operations
or wastewater volume, constituents and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring or sampling; or
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 146-88 why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be bar to, or a prerequisite for, taking any other action against the user.
A.
Any person who shall violate or fail to conform to any of the provisions of this Part 2 shall be subject to penalties under this section not exceeding $1,000 per violation for each day of violation, as well as the Town's costs and expenses including reasonable attorney's fees, which penalties may be imposed and collected by the Town administratively or in a court of competent jurisdiction. In imposing a penalty under this section, the fine or penalty of $1,000 may be applied to each and every violation for each and every day of the violation. Penalties shall be provided in accordance with the procedures as set forth in Subsection B, below.
B.
Before administratively imposing a penalty under this
section, the alleged violator shall be provided notice and opportunity
to be heard as provided herein. The Superintendent shall provide a
written notice of the proposed assessment of an administrative penalty,
up to the maximum amount provided by law, to the violator. Within
15 days of receipt of the proposed administrative penalty assessment
the alleged violator may request in writing the opportunity to be
heard. Failure to submit such request in writing such that the Superintendent
receives the request within said 15 days shall be deemed a waiver
to object to the penalty assessment, in which case the full amount
of the penalty shall be due within 30 days of the violator's receipt
of the proposed penalty assessment. In the event a violator requests
an opportunity to be heard under this subsection, the Superintendent
shall schedule a meeting with the Town Council, no sooner than 15
days after receipt of the violator's written request, providing the
violator the opportunity to set forth its reasons as to why the proposed
penalty should be eliminated or reduced. The Town Council may allow
such other persons as it deems appropriate to appear at such meeting
and, subject to the discretion of the Town Council, to provide such
additional information as the Town Council deems appropriate. After
consideration of the information provided, the Town Council may determine
that the proposed penalty should be increased (potentially up to the
maximum allowed), decreased (potentially down to elimination of any
monetary penalty), remain the same and/or that alternative or additional
enforcement actions as provided by this chapter should be undertaken.
