A.
The Town may suspend the wastewater treatment service and/or a user
permit when such suspension is necessary, in the opinion of the Town,
in order to stop an actual or threatened discharge which presents
or may present an imminent or substantial endangerment to the health
or welfare of humans, to the environment, causes interference to the
treatment facilities or causes the Town to violate any condition of
its VPDES permit.
B.
Any person notified of a suspension of the wastewater treatment service
and/or the user permit shall immediately stop or eliminate the contribution.
In the event of a failure of the person to comply voluntarily with
the suspension order, the Town shall take such steps as deemed necessary,
including immediate severance of the sewer connection and/or the seeking
of legal and equitable relief in the circuit court, to prevent or
minimize damage to the wastewater treatment facilities or endangerment
to any individuals. The Town shall reinstate the user permit and/or
the wastewater treatment service upon proof of the elimination of
the noncomplying discharge. A detailed written statement submitted
by the user describing the causes of the harmful contribution and
the measures taken to prevent any future occurrence shall be submitted
to the Town within 15 days of the date of occurrence.
Any user who violates the following conditions of this chapter, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of Article IX of this chapter for:
A.
Failure of a user to factually report the wastewater constituents
and characteristics of his discharge;
B.
Failure of the user to report significant changes in operations,
or wastewater constituents and characteristics;
C.
Refusal of reasonable access to the user's premises for the
purpose of inspection or monitoring; or
D.
Violation of conditions of the permit.
Whenever the Town finds that any user has violated or is violating
this chapter, user permit, or any prohibition or limitation of requirements
contained herein, the Town may serve upon such person a written notice
stating the nature of the violation. Within 30 days of the date of
the notice, a plan for the satisfactory correction thereof shall be
submitted to the Town by the user.
A.
The Town may order any user who causes or allows an unauthorized
discharge to show cause why the proposed enforcement action should
not be taken. Such hearings shall be preceded by a notice being served
on the user specifying the time and place of the hearing, the reasons
why the action is to be taken, the proposed enforcement action, and
directing the user to show cause why the proposed enforcement action
should not be taken. The notice of the hearing shall be served personally
or by registered or certified mail (return receipt requested) at least
10 days before the hearing. Service may be made on any agent or officer
of a corporation.
B.
The Town Manager, Public Works Director and/or authorized representative
may conduct the hearing and take the evidence, or may designate any
of its members or any officer or employee of the assigned department
to:
(1)
Issue in the name of the Town Manager, Public Works Director and/or
authorized representative notices of hearings requesting the attendance
and testimony of witnesses and the production of evidence relevant
to any matter involved in such hearings;
(2)
Take the evidence;
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Town Manager,
Public Works Director and/or authorized representative for action
thereon.
C.
At any hearing held pursuant to this chapter, testimony taken must
be under oath and recorded stenographically. The transcript, so recorded,
will be made available to any member of the public or any party to
the hearing upon payment of the transcript costs.
D.
After the Town Manager, Public Works Director and/or authorized representative
has reviewed the evidence, he may issue an order to the user responsible
for the discharge directing that, following a specified time period,
the sewer service be discontinued unless adequate treatment facilities,
devices or other related appurtenances have been installed and existing
treatment facilities, devices or other related appurtenances are properly
operated. Further orders and directives as are necessary and appropriate
may be issued.
If any person discharges sewage, industrial wastes or other
wastes into the Town's treatment works contrary to the provisions
of this chapter, applicable federal or state pretreatment requirements,
or any order of the Town or if any industrial user refuses access
to the Town Manager, Public Works Director and/or authorized representative
or his designee for purposes of inspection, the Town Attorney may
commence an action for appropriate legal and/or equitable relief in
the Circuit Court.
A.
Any person or user that violates the provisions of this chapter or
a user/discharge permit hereunder shall be subject to a penalty of
$1,000 per day and/or shall, upon conviction, be guilty of a Class
II misdemeanor for each day the violation continues.
B.
Each day, or portion thereof, a violation continues shall constitute
a separate violation.
Any person who knowingly makes any false statements, representation
or certification in any application, record, report, plan or other
document filed or required to be maintained pursuant to this chapter,
or user permit, or who falsifies any monitoring device or method required
under this chapter, shall, upon conviction, be guilty of a Class I
misdemeanor.
