Any person found to be violating any provision of this bylaw
shall be served by the Town 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. The Superintendent,
at his/her discretion, can order an immediate cease and desist of
discharge to the public sewers.
Any licensed drain layer who violates any rules and regulations
specified in the Charlton Sewer Use Bylaw, or who does not perform
in a satisfactory manner, as determined by the Board, shall be subject
to penalties. The degree of penalties shall depend on the severity
of the violation as determined by the Board, and shall range from
an oral warning to revocation of license. In addition, fines shall
be assessed in an amount determined by the Board, based upon the severity
of the incident.
Any person violating any of the provisions of this bylaw shall
become liable to the Town for any expense, loss, or damage occasioned
the Town by reason of such violation.
Any user who violates the following conditions of these regulations
or applicable state and federal regulations is subject to having its
permit revoked, after a hearing before the Board:
A. Failure of an industrial user to report the constituents and characteristics
of its discharge;
B. Failure of the industrial user to report the significant changes
in operations, or wastewater constituents and characteristics;
C. Refusal of reasonable access to the industrial user's premises
for the purpose of inspection or monitoring;
D. Violation of conditions of the permit; or
E. Flagrant violation of this Sewer Use Bylaw.
At any time the Board may take legal action in order to halt
a discharge in violation of this bylaw or any applicable rules and
regulations, the POTW's NPDES permit, or any federal or state
law, regulation, or any administrative order of the Town or other
governmental authority, or to enforce any provision of this bylaw
or such rule, regulation, permit, law, or order, and any violator
shall be liable to the Town for any and all damage and expenses, including
attorney's fees, incurred by the Board or the Town in connection
with or as a result of such action.
The Board, pursuant to filing a certificate of acceptance of
conditions for the issuance of a sewer discharge lien with the Worcester
County Registry of Deeds, may place a lien upon the property or premises
for which sewer user charges, service charges, fees or penalties are
more than sixty (60) days overdue. Notwithstanding such lien, any
overdue sewer use charges or service charges may be collected through
any legal means.
Any person who knowingly makes false statements, representations
or certifications in any application, record, report, plan or other
document filed or required to be maintained pursuant to these regulations,
or permit, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this bylaw, shall be
penalized according to the established enforcement and penalty provision
of this bylaw or any rule or regulations prescribed hereunder.
The Board will publish, at least once a year, a list of industrial users which, during the previous twelve (12) months, were significantly violating pretreatment requirements. A significant violation is a violation which remains uncorrected for forty-five (45) days after notification of noncompliance; which is part of a pattern of noncompliance over a twelve-month period; which involves a failure to report noncompliance; or which resulted in the Board exercising its emergency authority under Article
IV of these regulations.