Whenever the Superintendent finds that any user
has violated or is violating this Part 2 or any wastewater discharge
permit, order, prohibition, limitation or requirement permitted by
this Part 2, the Superintendent may serve upon such person a written
notice stating the nature of the violation. Within 10 calendar days
of the date the Superintendent mails the notice, an explanation of
the violation and a plan for the satisfactory correction and prevention
thereof shall be submitted to the Superintendent by the user. The
correction and prevention plan shall include specific actions. Submission
of this plan in no way relieves the user of liability for any violations
caused by the user before or after receipt of the notice of violation.
The Superintendent is hereby empowered to enter
into consent orders, assurances of voluntary compliance or other similar
documents establishing an agreement with the user responsible for
the noncompliance. Such orders shall 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 an administrative order.
In the event that the Superintendent issues
any administrative order, terminates the user's permit or makes any
fine as set forth in this article and the user fails within the designated
period of time set forth to petition the Superintendent as provided
in the appropriate sections of this article, the user shall be deemed
in default and its rights to contest the administrative order or fine
shall be deemed waived.
The notices, orders, petitions or other notification
which the user or Superintendent shall desire or be required to give
pursuant to any sections of this article shall be in writing and shall
be sent by certified mail or registered mail, return receipt requested,
postage prepaid, and the notice, order petition or other communication
shall be deemed given upon its mailing as provided herein. Any notice,
administrative order or communications mailed to the user pursuant
to the sections of this article shall be mailed to the user at the
address where the user's effluent is discharged into transmission
lines to the Town's POTW. Any notice, petition or other communication
mailed to the Superintendent shall be addressed and mailed to the
Town Hall of the Town.
The Superintendent shall have the right within
the Superintendent's sole discretion to utilize any one or more appropriate
administrative remedies set forth in the sections of this article.
The Superintendent may utilize more than one administrative remedy
established pursuant to this article, and the Superintendent may hold
one show-cause hearing combining more than one enforcement action.
Whenever a user has violated or continues to
violate the provisions of this Part 2 or permit or order issued hereunder,
the Superintendent, through counsel, may petition the court, in the
name of the Town, for the issuance of a preliminary or permanent injunction,
or both (as may be appropriate), which restrains the violation of
or compels the compliance with any order or determination thereunder
by the Superintendent.
The Superintendent may decline to reissue a
permit to any user which has failed to comply with the provisions
of this Part 2 or any order or previous permit issued hereunder unless
such user first files with it a satisfactory bond, payable to the
POTW, in a sum not to exceed a value determined by the Superintendent
to be necessary to achieve consistent compliance.
The Superintendent may decline to reissue a
permit to any user which has failed to comply with the provisions
of this Part 2 or any order or previous permit issued hereunder, unless
the user first submits proof that it has obtained financial assurances
sufficient to restore or repair POTW damage caused by its discharge.