The purpose of this article is to set forth enforcement provisions
to assure equitable and consistent administration of this chapter.
In the conduct of enforcement under Article
XVIII, the City may take any or all of the following range of actions and penalties to address non-compliance and violations:
Action
|
Application
|
Description
|
User Response
|
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Warning
|
Instance of noncompliance
|
Warning notice advising user of instance of noncompliance
|
Address instance of noncompliance and report back to WRRD
|
Notice of noncompliance
|
Significant instance of noncompliance
|
Notice advising user of instance of noncompliance
|
Investigation, report, and statement of corrective action
|
Notice of violation
|
Significant instances of noncompliance or any discharge which
threatens the City's WRRFs and/or general public
|
Cease and desist order requiring compliance within specified
timeline
|
Formal compliance plan and schedule, interim and final compliance
progress report(s)
|
A penalty fee may be assessed to any discharger for each day
that a report required by this chapter, a permit, or order issued
hereunder is late, beginning five days after the date the report is
due (higher penalties may also be assessed where reports are more
than 30 to 45 days late). Such fee shall be set by the City Council's
fee schedule. Actions taken by the City to collect late reporting
penalties shall not limit the Director's authority to initiate
other enforcement actions that may include penalties for late reporting
violations.
Any person who knowingly makes any false statement, representation
or certification in the application, record, report, plan or other
document filed or required to be maintained pursuant to this chapter
or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this chapter shall pay
a civil penalty of $1,000 for each violation occurring. (Reference:
38-M.R.S.A. § 1046, relative to pretreatment standards violations)
The Director may immediately suspend a discharger's discharge,
after informal (verbal) notice to the discharger, whenever such suspension
is necessary to stop an actual or threatened discharge, which reasonably
appears to present, or cause an imminent or substantial endangerment
to the health or welfare of persons. The Director may also immediately
suspend a nonresidential user's discharge, after notice and opportunity
to respond, that threatens to interfere with the operation of the
WRRF, or which presents, or may present, a danger to the environment.
The City may seek to permanently terminate wastewater services
to any discharger that:
A. Fails to factually report the wastewater constituents and characteristics
of its discharge;
B. Fails to report the wastewater constituents or characteristics;
C. Refuses reasonable access to the discharger premises by representatives
of the City for the purpose of inspection or monitoring;
D. Fails to submit accidental discharge protection procedures to the
City by the specified date;
E. Violates WDP conditions or permit limitations; or
F. Violates the conditions of this chapter or any final judicial order
entered with respect thereto.
Following the entry of any order by the City with respect to the conduct of a discharger contrary to the provisions of §
176-18.07, the City Attorney may commence an action for appropriate legal and/or equitable relief in Court.
The remedies provided for in this chapter are not exclusive.
The Director may take any combination of these actions against a noncompliant
discharger. The Director may take other action against any discharger
when the circumstances warrant. Further, the Director is empowered
to take more than one enforcement action against any noncompliant
discharger.