Town of Lunenburg, MA Article VI Penalties

§ 320-6.1 Civil penalties.

A. The Commission shall prescribe and establish civil administrative penalties for violations of these regulations, or orders of the Commission, the conditions of the permit, pretreatment standards and any federal and state requirement applicable to users discharging into the POTW system. The penalties shall be not more than $5,000 for each violation. Each day on which the violation(s) exists shall be deemed a separate violation.

B. The rules and regulations establishing the civil administrative penalties shall be published once in a newspaper published in the Town. The publication shall include a notice that the rules and regulations shall be available for inspection by the public and shall not take effect until such newspaper publication has been made.

C. When the Commission finds that a user has violated or continues to violate any provision of these regulations, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement, the Commission may fine such user in an amount not to exceed $5,000 per violation for each day of violation. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

D. Users desiring to dispute such fines may request a hearing pursuant to § 320-5.5 of these regulations. The fine assessed shall be paid notwithstanding the request for hearing. The Commission shall return the amounts paid, plus accrued interest, if the user's appeal is successful. The Commission may add the costs of preparing administrative enforcement actions, such as notices and order, to the fine.

E. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.

F. To the extent required by state or federal law, the Town of Lunenburg itself or acting through its Commission may commence appropriate civil proceedings in a court of competent jurisdiction simultaneously with the administrative processes commenced by the Commission to impose an administrative fine under this section. This subsection shall be incorporated into the Commission's Enforcement Response Plan as may be required by the EPA.

G. Upon a finding by the Commission of an illegal connection to the sewer system within the approved sewer service area, the Commission shall levy a fine of a minimum of $5,000 and may impose a fine of $5,000 for each day thereafter per connection to the property owner. If multiple buildings that would have required separate connections per the current regulations have been connected through a single connection, this fine will be multiplied by the number of legal connections that should have been made. For example, if two homes that should each have their own connection are connected through a single connection to the sewer line, the fine would a minimum of $5,000 multiplied by two connections, for a total of $10,000. This fine does not include the re-engineering cost to correct the illegal connections, nor does it cover any other costs that would normally be required for a legal connection including but not limited to betterment or privilege fees, connection fees, permits, inspections, etc. For illegal connections outside the approved sewer service area, the minimum fine per user will be $5,000/day.

H. Failure to disconnect or redirect sources of improper discharge shall result in a sewer inflow penalty of a minimum of $500 per month until the violation has been removed and verified by the Commission.

I. Failure to permit entry to premises for the purpose of inspection shall be subject to a civil penalty of $50/day. Each day until access is permitted shall be deemed a separate offense.

J. These regulations may be enforced through the noncriminal disposition procedures of MGL c. 40, § 21D and Chapter 1, Article I, § 1-3, of the Town's General Bylaws, or any other means allowed by law.

K. See Appendix E, Lunenburg Building Access Regulation.[1]

[1] Editor's Note: Appendix E is included as an attachment to this chapter.

§ 320-6.2 Criminal penalties.

A. Any user or person who violates any provision of these regulations, a wastewater discharge permit or order issued pursuant to these regulations or any pretreatment standard or requirement may be held criminally liable to the extent allowed by law.

B. Any person who makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained by these regulations or discharge permits or who falsifies, tampers with or knowingly renders inaccurate a monitoring device or method required by these regulations may be held criminally liable to the extent allowed by law.

§ 320-6.3 Municipal charges lien.

The Town shall impose a municipal charges lien within the meaning of MGL c. 40, § 58, for any fee or charge not paid by the due date established by the Commission.

§ 320-6.4 Cumulative penalties.

The penalties, remedies and sanctions established by these regulations are cumulative and not exclusive. The Sewer Commission may pursue any or all or any combination of actions against a noncompliant user.