Whenever the Town Board 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 Town Board shall cause that such user be served a written notice
stating the nature of the violation. Within 10 calendar days of the
date that the notice has been served, the violation shall be abated
and an explanation of the violation and a plan for the satisfactory
correction and prevention thereof shall be submitted to the Town Board,
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 Town Board is 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 the Town Board 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 Town Board, as provided in 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 Town Board shall desire or be required to give pursuant to any sections of this Part
2 shall be in writing and shall be served personally or 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 communication mailed to the user pursuant to the sections of this Part
2 shall be mailed to the user where the User's effluent is discharged into transmission lines to the POTW. Any notice, petition, or other communication mailed to the Town Board shall be addressed and mailed to the Town Hall or personally delivered to the Town Clerk.
The Town Board shall have the right, within the its sole discretion,
to utilize any one or more appropriate administrative remedies set
forth in this article.
Whenever a user has violated or continues to violate the provisions
of this Part 2 or permit or order issued hereunder, the Town Board,
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 hereunder by the Town
Board.
Notwithstanding any inconsistent provisions of this Part
2, whenever the Town Board finds, after investigation, that any user is causing, engaging in, or maintaining a condition or activity which, in the judgment of the Town Board, presents an imminent danger to the public health, safety, or welfare or to the environment, or is likely to result in severe damage to the POTW or the environment, and it therefore appears to be prejudicial to the public interest to allow the condition or activity to go unabated until notice and an opportunity for a hearing can be provided, the Town Board may, without prior hearing, order such user by notice, in writing wherever practicable or in such other form as 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, or where the giving of notice is impracticable, or in the event of a user's failure to comply voluntarily with an emergency order, the Town Board may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 calendar days, the Town Board shall provide the user an opportunity to be heard, in accordance with the provisions of this article.
If there shall be any payments which are due to the Town, pursuant to any article or section of this Part
2, which shall remain due and unpaid, in whole or in part, for a period of 60 calendar days from the date of billing by the Town, the same shall constitute a default. Interest and penalties shall accrue on the unpaid balance in the same manner and amounts as applicable to property tax collection. The Town Tax Collector shall report the names of the defaulting persons to the Town Board and County Tax Collector in the same manner as real property taxes due and owing to the Town are reported.