[Amended 9-9-2019 by Ord. No. 2019-007]
All rules and regulations described herein shall be enforced
by the Town under the direction of the Town Manager or designee.
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.
No person may continue discharging in violation
of this chapter beyond the time limit provided in the notice.
[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.
