A.
Any person found to be violating any provisions of these Rules and
Regulations shall be served by the Commission with written notice
stating the nature of the violation and providing a reasonable time
limit for the satisfactory correction thereof. The offender shall,
within the period of time stated in such notice, permanently cease
all violations. Any person who shall continue any violation beyond
the time limit provided for shall be guilty of a misdemeanor, and
upon conviction thereof, shall be fined in the amount as determined
by the Commission and as set forth in the schedule of fees for each
violation. Each day that a violation continues shall be considered
a separate offense.
B.
Any person violating any provision of these Rules and Regulations
shall be liable to the Town for any expense, loss or damage occasioned
the Town by reason of such violation.
Any person who violates any provision of these Regulations or
a permit issued pursuant to these Regulations shall forfeit and pay
to the Commission an amount set forth in the Schedule of Penalties
adopted by the Commission from time to time in accordance with M.G.L.
c. 83, § 10, as then in effect. For purposes of this section,
each day of a continuous violation shall be deemed to be a separate
violation. If a violation is intermittent, each occurrence shall be
deemed to be a separate violation.
Failure to comply with any portion of these Regulations, or
with any permit or order issued thereunder, shall be sufficient cause
for the Commission to levy on and collect from each violator any additional
cost for any expense, loss, or damage occasioned by such violation,
including assessments or penalties levied or imposed on the Commission
by DEP pursuant to its rules and regulations relative to sewers.
When the Commission determines that a person has violated, is
violating or threatens to violate these Regulations; or violated,
is violating or threatens to violate any permit issued pursuant to
these Regulations; or made a false representation in an application,
record, or report to the Commission or failed to provide relevant
information; or manipulated, falsified, tampered with, or rendered
inaccurate a monitoring device or methods; or failed to comply with
an order or ruling issued by the Commission or a court after having
reasonable opportunity to comply; or failed to pay a penalty or fee
due to the Commission; or caused or threatened damage to the Wastewater
Management System, the Commission may take any one or more of the
following actions, in any sequence or simultaneously:
A.
The Commission may issue a request or an order to cease and desist
any such violation or any actions that cause or threaten to cause
a violation, and/or an implementation schedule for undertaking specific
actions or practices.
B.
The Commission may require the person in question to submit a detailed
time schedule setting forth specific actions to be taken and specific
dates upon which such actions will be undertaken in order to prevent
or correct a violation. The Commission may issue an implementation
schedule containing or modifying such specific actions and time schedule,
or requiring such other actions within such times as the Commission
deems appropriate.
C.
The Commission may issue an order directing the person to pay to
the Commission penalties and costs.
D.
The Commission may revoke, modify, deny, suspend, or refuse to renew
a permit issued to the person under these Regulations.
E.
The Commission may take direct enforcement action by filing suit
in any court of competent jurisdiction for civil or criminal fines
and reimbursement of costs or damages resulting from the violation
or threatened violation.
F.
The Commission may petition the Town's Water Commissioners to terminate
water service to the person following written notice of its intent
to do so.
G.
The Commission, 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 Commission.
H.
The Commission may take any other action available to it under any
applicable statute or regulation.
A.
Whenever the Commission issues a sewer access permit; denies, revokes,
modifies, or amends any form of permit or application; requires an
owner or user to build or install any particular facility or device;
issues a cease and desist order, a compliance order, or an implementation
schedule; or assesses penalties or other charges for noncompliance
with these Regulations, any permit, or other lawful requirement, the
Commission shall promptly inform the owner or user to whom such action
is addressed.
B.
Such notice shall be sent first-class mail and shall inform the addressee
of his/her/its right to submit, within 14 days after the date of such
notice, a written request for reconsideration of the Commission's
action. A request for reconsideration shall be addressed to the Commission
and shall set forth in detail the facts supporting it. Such a request
shall not have any effect to stay or delay the Commission action,
unless the Commission provides otherwise in a writing mailed to the
entity making the request.
C.
Upon receiving a timely request for reconsideration, the Commission
or its designee shall schedule an informal conference with the entity
making the request. Written notice of the conference date, time and
place shall be mailed to that entity at least 10 days before the date
of the conference, which shall be held no later than 21 days after
receipt of the request. The Commission or its designee shall rule,
in writing, on the request for reconsideration within 14 days after
completion of the conference.
A.
A copy of the Commission's decision on the request for reconsideration
shall be mailed to the person or entity which submitted the request.
The ruling shall be accompanied by a notice that such person or entity
has the right to request a hearing before the Commission or its designated
representative.
B.
The notice shall inform the addressee that in order to obtain a hearing
concerning the Commission's action, a written request must be submitted
to the Commission at the Commission's Town Hall office within 30 days
after the date of such notice from the Commission.
Within 15 days after receiving a timely written request for
a hearing, the Commission shall schedule a hearing and shall mail
to the person or entity which requested the hearing written notice
specifying the date, time, place, and subject matter of the hearing.
The notice shall also state that the person or entity requesting a
hearing has the right to be represented by legal counsel and to present
evidence (in the form of both documents and testimony) at the hearing.
A.
The hearing scheduled under § 146-58 above shall be held not sooner than 15 days nor later than 30 days after the date of the notice of such hearing. The rules of evidence observed by courts need not be adhered to. The proceedings shall be tape recorded, and the recording shall be kept in the Commission's custody.
B.
Any person who desires a transcript of the hearing may obtain one
from the Commission, upon payment to the Commission of the transcription
charge reasonably incurred by the Commission.
The documents and other evidence offered at the hearing shall
constitute the hearing record. The hearing decision shall be based
solely on the hearing record and shall be made within 30 days after
the conclusion of the hearing. The decision shall be embodied in a
writing which summarizes the matters considered and the reasons for
the determination made on each such matter. The written decision shall
be signed by the Commission or its designated representative and shall
be mailed to the entity which had requested the hearing.
