Any person who violates any of the provisions of or who fails to perform any duty imposed by this Part 2 or the rules and regulations of the Joint Sewage Board or any order or determination of the Board promulgated under this Part 2 or the terms of any permit issued thereunder shall be liable to the owners for a civil penalty not less than one hundred dollars ($100.) and not more than five hundred dollars ($500.) for each violation, to be assessed after a hearing held in conformance with the procedures set forth in Article V of this Part 2. Each violation shall be a separate and distinct violation and in the case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the Board's attorney in the name of the owners in any court of competent jurisdiction. Such civil penalty may be released or compromised by the Board only with the consent of the owners.
In addition to the power to assess penalties as set forth in § 222-54 above, the Joint Sewage Board shall have the power, following a hearing held in conformance with the procedures set forth in § 222-15, to issue an order suspending, revoking or modifying the violator's permit, enjoining the violator from continuing the violation. Any such order of the Board shall be enforceable in an action brought by the Board's attorney in the name of the owners in any court of competent jurisdiction.
Any person who willfully violates any provision of this Part 2 or the rules and regulations of the Board or any final determination or order of the Board made in accordance with Article V shall, in addition, be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than three hundred dollars ($300.) or not more than one thousand dollars ($1000.) or by imprisonment of not more than six months, or by both such fine and imprisonment. Each offense shall be a separate and distinct offense, and in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
Any person violating any of the provisions of
this Part 2 or the rules and regulations of the Board shall, in addition,
be liable to the owners for any expense, loss or damage occasioned
to the owners by reason of such violation and any expense incurred
in correcting the violation.
The Board's attorney, at the request of the
Joint Sewage Board, shall have the right to seek equitable relief
in the name of the owners to restrain the violation of or to compel
compliance with this Part 2, with the rules and regulations of the
Board or with any determination issued thereunder by the Board.
Notwithstanding any inconsistent provisions of law, whenever the Board finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in its judgment, presents an imminent danger to the public health, safety or welfare or to the environment or is likely to result in irreversible or irreparable damage to the public sewer system and it therefore appears to be prejudicial to the public interest to delay action until notice and an opportunity for a hearing can be provided, the Board may, without prior hearing, order such user by notice, in writing wherever practicable or in such other form as in the Board's judgment will reasonably notify such person whose practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity. In the event of a user's failure to comply voluntarily with such emergency order or where the giving of notice is impracticable, the Board may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed fifteen (15) days, the Board shall provide the affected user an opportunity to be heard in accordance with the provisions of §§ 222-14 and 222-15 of this Part 2.
