No unauthorized person shall maliciously, willfully, or negligently
break, damage, destroy, uncover, deface, or tamper with any structure,
appurtenance, or equipment which is a part of the POTW. Any person
violating this provision shall be subject to immediate arrest under
charge of disorderly conduct, as well as additional fines and penalties
as determined appropriate by the Town Board.
Whenever the Superintendent finds that any user has violated
or is violating this chapter, or any wastewater discharge permit,
order, prohibition, limitation, or requirement permitted by this chapter,
the Superintendent may serve upon such person a written notice stating
the nature of the violation. Within 10 calendar days of the date the
Superintendent mails the notice, an explanation of the violation and
a plan for the satisfactory correction and prevention thereof shall
be submitted to the Superintendent 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 Superintendent is hereby 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 Superintendent 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 Superintendent 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 Superintendent shall desire or be required to give pursuant
to any sections of this chapter 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 chapter shall be mailed to the user
where the user's effluent is discharged into transmission lines to
the Town POTW. Any notice, petition, or other communication mailed
to the Superintendent shall be addressed and mailed to the Town Hall
of the Town.
The Superintendent shall have the right, within the Superintendent's
discretion, to utilize any one or more appropriate administrative
remedies set forth in this article. The Superintendent may utilize
more than one administrative remedy established pursuant to this article,
and the Superintendent may hold one show-cause hearing combining more
than one enforcement action.
Whenever a user has violated or continues to violate the provisions
of this chapter or permit or order issued hereunder, the Town Attorney,
as authorized by the Town Board, may petition a court of competent
jurisdiction, 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 Superintendent.
The Superintendent may decline to reissue a permit to any user
which has failed to comply with the provisions of this chapter or
any order or previous permit issued hereunder unless such user first
files with it a satisfactory bond, payable to the POTW, in a sum not
to exceed a value determined by the Superintendent to be necessary
to achieve consistent compliance.
The Superintendent may decline to reissue a permit to any user
which has failed to comply with the provisions of this chapter or
any order or previous permit issued hereunder, unless the user first
submits proof that it has obtained financial assurances sufficient
to restore or repair POTW damage caused by its discharge.