A. 
Notification of discharge. Users shall notify the Mayor and Council immediately upon accidentally discharging wastes in violation of this chapter to enable countermeasures to be taken to minimize damage to the community sewer, treatment facility, treatment processes and the receiving waters. Such notification shall be followed, within 15 days of the date of occurrence, by a detailed written statement describing the causes of the accidental discharge and the measures being taken to prevent future occurrence. Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment plant or treatment process, or for any fines imposed on the entity.
B. 
Notices to employees. In order that employees of users be informed of these requirements, users shall make available to their employees copies of this chapter, together with such other wastewater information and notices which may be furnished by the Mayor and Council from time to time directed toward more effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees whom to call in case of an accidental discharge in violation of this chapter.
C. 
Preventive measures. Any direct or indirect connection or entry point for persistent or deleterious waste to the user's plumbing or drainage system should be eliminated. Where such elimination is impractical or unreasonable, the user shall appropriately label such entry to warn against discharge of such wastes in violation of this chapter.
The Mayor and Council may terminate wastewater service and disconnect a user from the system when:
A. 
Acids or chemicals damaging to sewer lines or treatment process are released by the user to the sewer causing rapid deterioration of these structures or interfering with property conveyance and treatment of wastewater;
B. 
A government agency informs the Mayor and Council that the effluent from the wastewater treatment plant is no longer of a quality permitted for discharge to a watercourse, and it is found that the user is delivering wastes to the wastewater system that cannot be sufficiently treated or require treatment that is not normally provided; or
C. 
The user:
(1) 
Discharges industrial waste or wastewater that is in violation of the permit issued;
(2) 
Discharges wastewater at an uncontrolled, variable rate in sufficient quantity to cause an imbalance in the wastewater treatment system;
(3) 
Fails to pay user charges for public sewer services when due; or
(4) 
Repeats a discharge of prohibited wastes to public sewers. Termination of service may be effected 30 days after written notification to the user. Recourse to the user is established under § 170-57 of this chapter. If service is disconnected pursuant to this section, the Mayor and Council shall:
(a) 
Supply the user with a copy of the governmental agency's report and provide the user with all pertinent information; or
(b) 
Continue disconnection until such time as the user provides additional pretreatment or other facilities designed to remove the objectionable characteristics from the wastes.
The Mayor and Council shall serve persons discharging in violation of this chapter with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory compliance.
[Amended 8-2-1993]
A. 
A person or entity who, having received notification of the imminent termination of service, nevertheless continues discharging in violation of this chapter, or who continues unlawful discharges beyond the time limit provided in any notice, is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not less than $100 nor more than $500 for each act of violation or for each day of violation.
B. 
In addition to proceeding under authority of Subsection A of this section, the Mayor and Council are entitled to pursue all other criminal and civil remedies to which they are entitled under authority of statutes or other ordinances against a person continuing prohibited discharges to recover all costs of damage and expense resulting from prohibited discharges.
In addition to sanctions provided for by this chapter, the Mayor and Council are entitled to exercise sanctions provided for by other ordinances for failure to pay the user charges for public sewer service when due.
[Amended 9-9-2019 by Ord. No. 2019-007]
Any user, permit applicant, or permit holder affected by any decision, action or determination made by the Town Manager or designee, interpreting or implementing the provisions of this chapter or in any permit issued herein, may file with the Mayor and Council a written appeal within 10 days of such decision, action or determination, setting forth in detail the asserted bases supporting the user's appeal. The written appeal shall be heard by the Mayor and Council at a public hearing within 60 days from the date of filing. The Mayor and Council shall make a final ruling on the appeal de novo within 10 days of the close of the public hearing. The initial decision, action or determination of the Town Manager or designee shall remain in effect during such period of reconsideration.