A. 
Whenever the Town Board finds that any user has violated or is violating any part of this chapter, or any wastewater discharge permit, order, prohibition, limitation or requirement permitted by any part of this chapter, the Town Board may serve upon such person a written notice stating the nature of the violation.
B. 
Nothing in this section shall limit the authority of the Superintendent, Director, or the Town Board to take any action or actions, including emergency actions or any other enforcement action, before issuing a notice of violation.
Within 10 calendar days of mailing the notice, an explanation of the violation and a plan for the satisfactory correction and prevention of the violation shall be submitted to the Town Board by the user. The correction and prevention plan shall include specific actions. Submission of this plan in no way relieves the user of liability for any violations caused by the user before or after receipt of the notice of violation.
A. 
Any user who is found to have violated any provision of any part of this chapter or a wastewater discharge permit or administrative order issued hereunder shall be fined in an amount not to exceed $500 per violation. Each day on which noncompliance occurs or continues shall be deemed a separate and distinct violation.
B. 
The user may, within 15 calendar days of notification of the Town Board's notice of such fine, petition the Town Board to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Town Board by registered mail. The Town Board shall then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the fine; or
(3) 
Order the petitioner to show cause in accordance with § 162-109 and may as part of the show-cause notice request the user to supply additional information.
A. 
When the Town Board finds that a user has violated or continues to violate any part of this chapter, or any permit or administrative order issued hereunder, the Town Board may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
(1) 
Comply forthwith.
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge.
B. 
The user may, within 15 calendar days of the date of mailing the notification of such order, petition the Town Board to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Town Board by registered mail. The Town Board shall then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the order; or
(3) 
Order the petitioner to show cause in accordance with § 162-109 and may as part of the show-cause notice request the user to supply additional information.
A. 
Any user appealing administrative remedies for violations of any parts of this chapter may be ordered to show cause before the Town Board why an enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Town Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Town Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment.
B. 
After the Town Board has reviewed the evidence and testimony, it may order the user to comply with the order or fine, modify the order or fine or vacate the order or fine.
The notices, orders, petitions or other notification which the user or Town Board shall desire or be required to give pursuant to any part of this chapter shall be in writing and shall be served personally or sent by certified mail or registered mail, return receipt requested, and the notice, order, petition or other communication shall be deemed given upon its mailing as provided herein. Any notice, administrative order, or communication mailed to the user pursuant to the sections of this chapter shall be mailed to the user where the user's effluent is discharged into the POTW. Any notice, petition, or other communication from the user shall be addressed and mailed to the Town Clerk.
The Town Board shall have the right to pursue any one or more appropriate remedies set forth in this article.
A. 
Any person who violates any of the provisions of or who fails to perform any duty imposed by any part of this chapter or any administrative order or determination of the Town Board promulgated under any part of this chapter or the terms of any permit issued hereunder shall be liable to the Town for a civil penalty not to exceed $500 for each such violation, to be assessed after a hearing (unless the user waives the right to a hearing) held in conformance with the procedures set forth in this article. Each violation shall be separate and distinct violation, and, in the case of continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the attorney for the Town.
B. 
In addition to the above-described penalty, the Town may recover all damages and costs incurred by the Town from any persons or users who violate any provisions of any part of this chapter or who fail to perform any duties imposed by any part of this chapter or any administrative order or determination promulgated under any part of this chapter or the terms of any permit issued hereunder.
A. 
In addition to the power to assess penalties as set forth in this article, the Town Board shall have the right, following the hearing held in conformance with the procedures set forth in this article, to seek an order:
(1) 
Suspending, revoking or modifying the violator's wastewater discharge permit; or
(2) 
Enjoining the violator from continuing the violation.
B. 
Any such court order shall be sought in an action brought by the attorney for the Town, at the request of the Town Board.
A. 
Any person who willfully violates any provision of any parts of this chapter or any final determination or administrative order made in accordance with this article shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of not more than $250 or imprisonment not to exceed 15 days, or both. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
B. 
Any user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to any part of this chapter or in a wastewater permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under any part of this chapter shall be guilty of a violation and, upon conviction, shall be punished by a fine of not more than $250 per violation per day or imprisonment for not more than 15 days, or both.
C. 
No prosecution, under this section, shall be instituted until after final disposition of a show-cause hearing, if any, was instituted.
Whenever a user has violated or continues to violate the provisions of any part of this chapter or permit or order issued hereunder, the Town Board, through counsel, may petition any court of competent jurisdiction for the issuance of a preliminary or permanent injunction, or both (as may be appropriate), which restrains the violation of or compels the compliance with any order or determination thereunder.
A. 
Notwithstanding any inconsistent provisions of Parts 2 or 3, whenever the Town Board finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in the judgment of the Town Board, presents an imminent danger to the public health, safety or welfare or to the environment or is likely to result in severe damage to the POTW or the environment, and it therefore appears to be prejudicial to the public interest to allow the condition or activity to go unabated until notice and an opportunity for a hearing can be provided, the Town Board may, without prior hearing, order such user by notice in writing to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity; or where the giving of notice is impracticable or in the event of a user's failure to comply voluntarily with an emergency order, the Town Board may take all appropriate action to abate the violating condition.
B. 
As promptly as possible thereafter, not to exceed 15 calendar days, the Town Board shall provide the user an opportunity to be heard, in accordance with the provisions of this article.
If there shall be any payments which are due to the Town, pursuant to any article or section of Parts 2 or 3, which shall remain due and unpaid, in whole or in part, for a period of 20 calendar days from the date of billing by the Town, the same shall constitute a default, and there shall be added to the entire amount of the original bill a penalty equal to 12% at the rate of 1% per month. The entire amount of the sewer tax assessment or other service charge which shall be in default, as provided herein, shall be added to the real property taxes due and owing to the Town in the next succeeding year and shall be collected in the same manner as real property taxes due and owing to the Town are collected.