City of Biddeford, ME Article XII SUPPLEMENT ENFORCEMENT ACTION

Sec. 71-60 Penalties for late reports.

A penalty of $100 shall be assessed to any user for each day that a report required by this chapter, a permit or order issued hereunder is late, beginning five days after the date the report is due. If reports are over 10 days late, a higher penalty will be assessed according to the enforcement response plan. Actions taken by the Director of Wastewater or his/her designee to collect late reporting penalties shall not limit the Director of Wastewater or his/her designee's authority to initiate other enforcement actions that may include penalties for late reporting violations.

Sec. 71-61 Performance bonds.

The Director of Wastewater or his/her designee may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to comply with any provision of this chapter, a previous individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the City of Biddeford, Maine, in a sum not to exceed a value determined by the Director of Wastewater or his/her designee to be necessary to achieve consistent compliance.

Sec. 71-62 Liability insurance.

The Director of Wastewater or his/her designee may decline to issue or reissue an individual wastewater discharge to any user who has failed to comply with any provision of this chapter, a previous individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.

Sec. 71-63 Payment of outstanding fees and penalties.

The Director of Wastewater or his/her designee may decline to issue or reissue an individual wastewater discharge permit to any user who has failed to pay any outstanding fees, fines, penalties or other amounts incurred as a result of any provision of this chapter, a previous individual wastewater discharge permit, or order issued hereunder.

Sec. 71-64 Water supply severance.

Whenever a user has violated or continues to violate any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will recommence, at the user's expense, only after the user has satisfactorily demonstrated its ability to comply.

Sec. 71-65 Public nuisances.

A violation of any provision of this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Director of Wastewater or his/her designee. Any person(s) creating a public nuisance shall be subject to the provisions of City ordinances governing such nuisances, including reimbursing the City of Biddeford, Maine, for any costs incurred in removing, abating, or remedying said nuisance.

Sec. 71-66 (Reserved)

Sec. 71-67 Contractor listing.

Users which have not achieved compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the City of Biddeford, Maine. Existing contracts for the sale of goods or services to the City of Biddeford, Maine, held by a user found to be in significant noncompliance with pretreatment standards or requirements may be terminated at the discretion of the Director of Wastewater or his/her designee.