The Town may adopt reasonable fees for reimbursement
of costs of setting up and operating the Town's pretreatment program
which may include:
A.
Fees for wastewater discharge permit applications,
including the cost of processing such applications;
B.
Fees for monitoring, inspection and surveillance procedures,
including the cost of collection and analyzing a user's discharge,
and reviewing monitoring reports submitted by users;
C.
Fees for reviewing and responding to accidental discharge
procedures and construction;
D.
Fees for filing appeals; and
E.
Other fees as the Town may deem necessary to carry
out the requirements contained herein. These fees relate solely to
the matters covered by this Part 2 and are separate from all other
fees, fines, and penalties chargeable by the Town.
Notwithstanding any other provision to the contrary, nothing in this Part 2 or elsewhere in the Town's pretreatment program shall be deemed to be a legally binding commitment under the Clean Water Act, 33 U.S.C. § 1251 et seq., state law, and applicable regulations (e.g., 40 CFR 403) for the Town to undertake pretreatment implementation or enforcement activities beyond the minimum otherwise required by these federal and state legal authorities. Nevertheless, in accordance with § 510 of the Clean Water Act, 33 U.S.C. § 1370, the Town maintains its discretionary authority to undertake activities beyond the minimum required to control discharges of pollutants and control or abatement of pollution.
If any part of this chapter is held to be unconstitutional
or invalid by a court of competent jurisdiction, such holding shall
not be deemed to invalidate the remaining provisions of this chapter.
