[Adopted 8-11-2009 by Ord. No. 2009-4[1]]
[1]
Editor's Note: This ordinance also repealed former Article
IV, Penalties for Sewer Regulation Violations, adopted 11-14-1988
by Ord. No. O-Y-2. (Part 129 of the 1991 Compilation.)
A.
The Water Pollution Control Authority (hereinafter "WPCA") is the
authority or similar body serving in the capacity of the water pollution
control authority for the Town under Chapter 103 of the Connecticut
General Statutes, as amended, and exercising powers with regard to
sewers and sewerage, as designated in the Town Charter and Town Code,
through a duly appointed commission or board, a WPCA Enforcement Official,
and other duly authorized representatives from the Town's Sewer
Department.
B.
WPCA Enforcement Official is the Sewer Department Administrator or
other municipal officer or employee, if such other officer or employee
is designated by Town Charter, Town Code or WPCA resolution to issue
notices, warnings, citations, decisions or orders or otherwise undertake
enforcement actions on behalf of the WPCA pursuant to local, state
or federal law.
C.
WPCA Sewer Use Rules and Regulations are the rules and regulations,
and all amendments thereto, governing sewer use, sewage collection
and treatment facilities, sewerage systems, and related discharges,
wastewaters, conditions, activities, and facilities that have been
adopted by the WPCA.
D.
The WPCA Sewer Use Rules and Regulations adopted by the WPCA on June
1, 2009, with an effective date of September 1, 2009, are hereby incorporated
herein by reference as the legally binding requirements for connection
to and use of the Town's sanitary sewer system, to be filed,
published, authenticated and recorded by the Town Clerk in accordance
with all applicable provisions of the Town Charter and the Connecticut
General Statutes.
E.
The WPCA shall implement and enforce the WPCA Sewer Use Rules and Regulations, consistent with all applicable provisions, terms and conditions set forth in the Town Charter, including without limitation Town Charter §§ C407 and C1011A (as amended); the rules and regulations adopted by the State of Connecticut Department of Environmental Protection; the permits, approvals, and orders issued to the Town by the State of Connecticut Department of Environmental Protection; and the Connecticut General Statutes, including without limitation C.G.S. §§ 7-246a, 7-247, 7-249, 7-255, 7-267, 7-268, and 7-270 (as amended).
Violations of the WPCA Sewer Use Rules and Regulations or this Article IV are prohibited. The WPCA Enforcement Official may issue a written warning to any person who, by act and/or omission, commits, assists, counsels, or aids in any violation of the WPCA Sewer Use Rules and Regulations or this Article IV. Such warnings may impose a schedule by which such person shall be required to correct any such violations. Written warnings shall include, without limitation, notices and orders that the WPCA issues in writing pursuant to the WPCA Sewer Use Rules and Regulations and that describe such violations or require such corrective actions. Any appeals seeking rescission or modification of any such written warning shall be requested and considered in accordance with the procedures set forth in the WPCA Sewer Use Rules and Regulations.
The WPCA Sewer Use Rules and Regulations and this Article IV are hereby designated for enforcement by citation and in accordance with the following penalties and procedures.
A.
The WPCA Enforcement Official may issue a citation providing for
the imposition of a fine against any person who has received a written
warning of any such violation(s) and who fails to cause any such violation(s)
to cease or otherwise fails to correct any such violation(s) to the
satisfaction of the WPCA Enforcement Official. No such penalty shall
exceed $250 for each offense. In case of a continuing violation, each
day of continuance thereof shall be deemed to be a separate and distinct
offense.
B.
Penalties imposed through such a citation shall be due and payable within 30 days of receiving the citation or on any other later date specified in the citation, except as otherwise provided in Subsection C below.
C.
Any person who is aggrieved by and seeks rescission or modification
of a penalty set forth in such a citation must notify the WPCA by
submitting a written statement to the WPCA Enforcement Official, at
the WPCA's offices in Montville Town Hall, within 10 days of
receiving the citation, stating the relief sought and the basis for
the request, in reasonable detail and completeness. Following receipt
of any such written request, the WPCA Enforcement Official shall send
notice, in writing, to the aggrieved person seeking relief of the
date, time and place at which the person may appear before the WPCA
to show cause why the WPCA should not approve the citation and impose
the penalty set forth in the citation. At this WPCA proceeding, the
aggrieved person seeking relief and any other interested persons may
present questions, comments, and additional records and information
related to the penalty for the WPCA's consideration, subject
to any deadlines for submission of additional records and information
set forth in the WPCA's citation or notice or otherwise established
by the WPCA. The WPCA may, in its sole discretion, consolidate this
proceeding with its proceedings considering any appeal requested on
the written warning pursuant to the WPCA Sewer Use Rules and Regulations.
D.
After considering the citation, the written request seeking penalty
rescission or modification, and any other relevant records or information
presented to the WPCA in accordance with these procedures, the WPCA
shall decide whether the citation and penalty should be approved,
with or without modifications, or rescinded. The WPCA's decision
shall be reduced to writing, which the WPCA Enforcement Official shall
issue to the aggrieved person submitting the request. Any penalty
imposed under the WPCA's decision shall be final and nonappealable
and due and payable within 30 days of receiving the WPCA's written
decision or on any other later date specified in the WPCA's written
decision.
E.
The Town may collect any and all costs associated with the imposition
and collection of such penalties, including without limitation reasonable
interest, overhead and legal expenses incurred by the Town in connection
therewith, from the person responsible for the violation of the WPCA
Sewer Use Rules and Regulations.
F.
The authorization of the Town under this section and its use of the citation, penalty and other powers and proceedings set forth in this section shall not bar or establish a prerequisite on the Town or its WPCA from seeking any other relief or taking any other actions, as authorized under any other applicable provisions of law, against persons for violations of the WPCA Sewer Use Rules and Regulations or this Article IV.
The WPCA Sewer Use Rules and Regulations and this Article IV are hereby designated for enforcement by citation and in accordance with the following procedures for termination of sewer connection and service.
A.
The WPCA Enforcement Official may issue a citation providing for termination of sewer connection and service to any person who has received written warning of any violation(s) of the WPCA Sewer Use Rules and Regulations and who fails to cause any such violation(s) to cease or otherwise fails to correct any such violation(s) to the satisfaction of the WPCA Enforcement Official. If any person fails to comply with any provision of the WPCA Sewer Use Rules and Regulations or this Article IV after receiving notice from the Town or its WPCA of such violation, or fails thereafter to use, operate and maintain any connection with the public sewers of the Town, or appurtenance thereof, as required by the WPCA Sewer Use Rules and Regulations, the Town, acting through the WPCA, the WPCA Enforcement Official or any other authorized agencies and representatives of the Town, may terminate such person's public sewer service and the sewer connection of the buildings and other property used or owned by such person.
B.
The Town may collect any and all costs associated with such termination
of sewer connection and service, including without limitation reasonable
interest, overhead and legal expenses incurred by the Town in connection
therewith, from the person responsible for the violation of the WPCA
Sewer Use Rules and Regulations.
C.
The Town may commence and complete such actions in accordance with
any applicable provisions of law, including without limitation the
following procedures for citation and termination by the WPCA:
(1)
The WPCA Enforcement Official shall issue a citation to the owner,
user or other person (as defined in the WPCA Sewer Use Rules and Regulations)
responsible for the connection or wastes in questions, setting forth
the WPCA's findings and proposed actions.
(2)
In the citation or other notice issued to any such owner, user or
other person, the WPCA Enforcement Official shall provide notice of
a date, time and place at which the citation recipients may appear
before the WPCA to show cause why the Town should not take the proposed
actions. At this WPCA proceeding, the aggrieved person seeking relief
and any other interested persons may present questions, comments,
and additional records and information related to the proposed actions
for the WPCA's consideration, subject to any deadlines for submission
of additional records and information set forth in the WPCA's
citation or notice or otherwise established by the WPCA. The WPCA
may, in its sole discretion, consolidate this proceeding with its
proceedings considering any appeal requested on the written warning
pursuant to the WPCA Sewer Use Rules and Regulations.
(3)
After considering the citation and any other relevant records or
information presented to the WPCA in accordance with these procedures,
the WPCA shall decide whether the citation should be withdrawn or
approved, with or without modifications, as a final order. The WPCA
Enforcement Official, on behalf of the WPCA, shall issue any such
final order, in writing, to the citation recipients. The WPCA's
final order shall be final and nonappealable and may impose conditions
requiring the citation recipients to complete appropriate corrective
actions to the satisfaction of the WPCA Enforcement Official and pay
any and all costs associated with such termination of sewer connection
and service, including without limitation reasonable interest, overhead
and legal expenses incurred by the Town and its WPCA as a result of
the termination proceedings and related actions.
(4)
Acting through its WPCA Enforcement Official and any other authorized
agencies and representatives of the Town, the WPCA shall oversee and,
as appropriate, arrange for contractors to perform the approved actions
in accordance with any such final order. If the final order provides
for the disconnection of a building connector or building connector
lateral from the public sewer system, as defined in the WPCA Sewer
Use Rules and Regulations, the WPCA Enforcement Official shall notify
the Town's Director of Health.
D.
If the Town has terminated sewer connection and service, it may thereafter
refuse to permit the resumed use or restoration of the former connection
or of any new connection to the property concerned in the violation
of the WPCA Sewer Use Rules and Regulations until the claim of the
Town for such costs has been paid in full and all appropriate corrective
actions have been completed to the satisfaction of the WPCA Enforcement
Official.
E.
The authorization of the Town under this section and its use of the citation, termination and other powers and proceedings set forth in this section shall not bar or establish a prerequisite on the Town or its WPCA from seeking any other relief or taking any other actions, as authorized under any other applicable provisions of law, against persons for violations of the WPCA Sewer Use Rules and Regulations or this Article IV.
