Whenever the Commissioner finds that any user has violated or is violating this Part 2, a wastewater discharge permit or order issued hereunder or any other pretreatment requirement, the Commissioners or their agent may serve upon said user a written notice of violation. Within 30 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 Commissioners. 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 Town to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
The Commissioners are hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as the administrative orders issued pursuant to §§ 190-66 and 190-67 below and shall be judicially enforceable.
When the Commissioners find that a user has
violated or continues to violate the ordinance, wastewater discharge
permits or orders issued hereunder or any other pretreatment standard
or requirement, they may issue an order to the user responsible for
the discharge directing that the user come into compliance within
a specified time period. If the user does not come into compliance
within the specified time period, sewer service may be discontinued
unless adequate treatment facilities, devices or other related appurtenances
are installed and properly operated. Compliance orders may also 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 may
not extend the deadline for compliance established for a federal pretreatment
standard or requirement, nor does a compliance order release the user
of liability for any violation, including any continuing violation.
Issuance of a compliance order shall not be a prerequisite to taking
any other action against the user.
A.
When the Commissioners find that a user is violating
this Part 2, the user's wastewater discharge permit, any order issued
hereunder or any other pretreatment standard or requirement, or that
the user's past violations are likely to recur, the Commissioners
may issue an order to the user directing it to cease and desist all
such violations and directing the user to:
B.
Issuance of a cease-and-desist order shall not be
a prerequisite to taking any other action against the user.
The Commissioners may immediately suspend a
user's discharge (after informal notice to the user) 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
endangerment to the health or welfare of persons. The Commissioners
may also immediately suspend a user's discharge (after notice and
opportunity to respond) that threatens to interfere with the operation
of the POTW or which presents or may present an endangerment 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 Commissioners shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW or its receiving stream or to minimize endangerment to any individuals. The Commissioners shall allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the town that the period of endangerment has passed, unless the termination proceedings set forth in § 190-68 are initiated against the user.
In addition to those provisions in § 190-42 of this Part 2, any user that violates the following conditions of this Part 2, wastewater discharge permits or orders issued hereunder is subject to discharge termination:
A.
Violation of wastewater discharge permit conditions.
B.
Failure to accurately report the wastewater constituents
and characteristics of its discharge.
C.
Failure to report significant changes in operations
or wastewater volume, constituents and characteristics prior to discharge.
D.
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring or sampling.
