City of Gardner, MA
Worcester County
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Table of Contents
Table of Contents
If the Director finds that any user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may serve upon that user a written notice of violation. Within 10 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 Director. 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 Director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
The Director may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents shall 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 the administrative orders issued pursuant to §§ 553-62 and 553-63 of this chapter and shall be judicially enforceable.
The Director may order a user that has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or orders issued hereunder, or any other pretreatment standard or requirement, to appear before the Director and show cause why 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 10 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 available by local, state, or federal law against the user.
If the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or orders issued hereunder, or any other pretreatment standard or requirement, the Director may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified period of time. If the user does not come into compliance to the satisfaction of the Director 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. A compliance order does not relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action available by local, state, or federal law against the user.
A. 
If the Director finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or any order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Director may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) 
Immediately comply with all requirements; and
(2) 
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.
B. 
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action available by local, state, or federal law against the user.
The Director may immediately suspend a user's discharge whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial danger to the health or welfare of persons. The Director shall immediately inform the user of such a suspension in writing or verbally, and if verbally, then followed in writing within 48 hours. The Director may also immediately suspend a user's discharge, after giving the user an opportunity to cease the violation in no less than 24 hours, that threatens to interfere with the operation of the POTW or which presents, or may present, a danger to the environment.
A. 
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 Director may take such steps as deemed necessary, including but not limited to immediate severance of the sewer connection, to prevent or minimize damage to the POTW or its receiving stream or danger to any individuals or the public. The Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director that the period of danger is passed, unless termination proceedings set forth in § 553-65 of this chapter are initiated against the user.
B. 
A user that is responsible, in whole or in part, for any discharge presenting imminent danger shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Director prior to the date of any show cause or termination hearing under §§ 553-61 and 553-65 of this chapter. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
A. 
In addition to those provisions in § 553-39 of this chapter, any user that violates the following conditions is subject to discharge permit 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
(5) 
Violation of the pretreatment standards in Article III of this chapter.
B. 
The Director shall notify such user of the proposed termination of its discharge permit and offer to the user an opportunity to show cause under § 553-61 of this chapter why the termination action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action available by local, state, or federal law against the user.