A. 
Notification of violation. Whenever the Superintendent finds that any user has violated or is violating this chapter or any 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.
B. 
Consent orders. 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.
C. 
Administrative or compliance orders.
(1) 
When the Superintendent finds that a user has violated or continues to violate this chapter or a permit or administrative order issued thereunder, he may issue an administrative order to the user responsible at the direction of the Town Board directing that, following a specified time period, water service shall be discontinued, severed and abated unless the violation is corrected and that there is no reoccurrence of the violation. Administrative orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance.
(2) 
The user may, within 15 calendar days of receipt of such order, petition the Superintendent to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then:
(a) 
Reject any frivolous petitions;
(b) 
Modify or suspend the order; or
(c) 
Order the petitioner to show cause in accordance with Subsection H and may as part of the show-cause notice request the user to supply additional information.
D. 
Administrative fines.
(1) 
Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, or permit or administrative order issued hereunder, shall, at the discretion of the Town Board, be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation.
(2) 
The user may, within 15 calendar days of notification of the Superintendent's notice of such fine, petition the Town Board to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Town Board by registered mail. The Town Board shall then:
(a) 
Reject any frivolous petitions;
(b) 
Modify or suspend the fine; or
(c) 
Order the petitioner to show cause in accordance with Subsection H and may, as part of the show-cause notice, request the user to supply additional information.
E. 
Cease and desist orders.
(1) 
When the Superintendent finds that a user has violated or continues to violate this chapter or any permit or administrative order issued hereunder, the Town Board may issue an administrative order to cease and desist all such violations and direct those persons in noncompliance to:
(a) 
Comply forthwith.
(b) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the service.
(2) 
The user may, within 15 calendar days of the date the Town Board issues notification of such order, petition the Town Board to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Town Board by registered mail. The Town Board shall then:
(a) 
Reject any frivolous petitions;
(b) 
Modify or suspend the order; or
(c) 
Order the petitioner to show cause in accordance with Subsection H and may, as part of the show-cause notice, request the user to supply additional information.
F. 
Termination of permit.
(1) 
Any user who violates the following conditions of this chapter or a permit or administrative order, or any applicable state and federal law, is subject to permit termination:
(a) 
Violation of permit conditions or conditions of an administrative order;
(b) 
Failure to terminate, relieve or remove a cross-connection;
(c) 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
(d) 
Failure to pay administrative fines, fees or user charges.
(2) 
The user may, within 15 calendar days of the date the Town Board issues such notification, petition the Town Board to permit continued use of the service by the user. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Town Board shall then:
(a) 
Reject any frivolous petitions; or
(b) 
Order the petitioner to show cause in accordance with Subsection H and may, as part of the show-cause notice, request the user to supply additional information.
G. 
Water supply severance.
(1) 
Whenever a user has violated or continues to violate the provisions of this chapter or an order or permit issued hereunder, water service to the user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated its compliance or ability to comply.
(2) 
The user may, within 15 calendar days of severance, petition the Superintendent to reconnect water supply service. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then:
(a) 
Reject any frivolous petitions;
(b) 
Reconnect the water supply; or
(c) 
Order the petitioner to show cause in accordance with Subsection H and may, as part of the show-cause notice, request the user to supply additional information.
H. 
Show-cause hearing.
(1) 
The Town Board may order any user appealing administrative remedies for violations of this chapter to show cause, before the Town of Verona Town Board, why an enforcement action, initiated by the Superintendent, should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Town of Verona Town Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Town of Verona Town Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing in accordance with Subsection J. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment or to owner or owners occupant in the case of a residential service. The notice of the hearing shall be served at least 10 calendar days before the hearing, in accordance with Subsection J.
(2) 
The Town of Verona Town Board may itself conduct the hearing or may designate any of its members or any officer or employee of the Town of Verona to conduct the hearing and may:
(a) 
Issue, in the name of the Town of Verona Town Board, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(b) 
Take the evidence.
(c) 
Take sworn testimony.
(d) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Town of Verona Town Board for action thereon.
(3) 
After the Town of Verona Town Board has reviewed the evidence and testimony, it may order the user to comply with the Superintendent's order or fine, modify the Superintendent's order or fine or vacate the Superintendent's order or fine.
I. 
Failure of user to petition the Superintendent. In the event that the Superintendent issues any administrative order, terminates the user's permit or makes any fine as set forth in this section and the user fails, within the designated period of time set forth, to petition the Superintendent, as provided in appropriate subsections of this section, the user shall be deemed in default and its rights to contest the administrative order or fine shall be deemed waived.
J. 
Notice. 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 service is connected into district lines. Any notice, petition or other communication mailed to the Superintendent shall be addressed and mailed to the Town of Verona, 6600 Germany Road, P.O. Box 249, Durhamville, New York 13054.
K. 
Right to choose multiple remedies. The Superintendent shall have the right, within the Superintendent's sole discretion, to utilize any one or more appropriate administrative remedies set forth in this section. The Superintendent may utilize more than one administrative remedy established pursuant to this section, and the Town Board may hold one show-cause hearing combining more than one enforcement action.
A. 
Civil actions for penalties.
(1) 
Any person who violates any of the provisions of or who fails to perform any duty imposed by this chapter, or any administrative order or determination of the Superintendent promulgated under this chapter or the terms of any permit issued hereunder shall be liable to the Town of Verona for a civil penalty not to exceed $1,000 for each such violation, to be assessed after a hearing (unless the user waives the right to a hearing) held in conformance with the procedures set forth in this section. Each violation shall be a separate and distinct violation, and in the case of continuing violation, each days' continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the Town of Verona Attorney, or his designated attorney, at the request of the Superintendent in the name of the Town of Verona, in any court of competent jurisdiction giving preference to courts local to the Town of Verona. In addition to the above described penalty, the Superintendent may recover all damages incurred by the Town of Verona from any persons or users who violate any provisions of this chapter, or who fail to perform any duties imposed by this chapter or any administrative order or determination of the Superintendent promulgated under this chapter, or the terms of any permit issued hereunder. In addition to the above described damages, the Superintendent may recover all reasonable attorney's fees incurred by the Town of Verona in enforcing the provisions of this chapter, including reasonable attorney's fees incurred in any action to recover penalties and damages, and the Superintendent may also recover court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(2) 
In determining the amount of civil penalty, the Court shall take into account all relative circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user and any other relative factors as justice may require.
(3) 
Such civil penalty may be released or compromised by the Superintendent before the matter has been referred to the Town of Verona Attorney, and where such matter has been referred to the Town of Verona Attorney, any such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the Town of Verona Attorney, with the consent of the Superintendent.
B. 
Court orders.
(1) 
In addition to the power to assess penalties as set forth in this section, the Superintendent shall have the power, following the hearing held in conformance with the procedures set forth in this section, to seek an order:
(a) 
Suspending, revoking or modifying the violator's permit; or
(b) 
Enjoining the violator from continuing the violation.
(2) 
Any such court order shall be sought in an action brought by the Town of Verona Attorney, at the request of the Superintendent, in the name of the Town of Verona, in any court of competent jurisdiction giving precedence to courts local to the Town of Verona.
(3) 
The Town of Verona Attorney, at the request of the Superintendent shall petition the Court to impose, assess and recover such sums imposed according to this section. In determining amount of liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user and any other factor as justice requires.
C. 
Criminal penalties.
(1) 
Any person who willfully violates any provision of this chapter or any final determination or administrative order of the Superintendent made in accordance with this section shall be guilty of a Class A Misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $500 nor more than $1,000, or imprisonment not to exceed one year, or both. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each days' continuance thereof shall be deemed a separate and distinct offense.
(2) 
Any user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall be guilty of a Class A Misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000 per violation per day or imprisonment for not more than one year or both.
(3) 
No prosecution under this section shall be instituted until after final disposition of a show-cause hearing, if any, was instituted.
D. 
Additional injunctive relief. Whenever a user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the Superintendent, through counsel, may petition the Court, in the name of the Town of Verona, 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.
E. 
Summary abatement. Notwithstanding any inconsistent provisions of this chapter, whenever the Superintendent finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in the judgment of the Superintendent, presents an imminent danger to the public health, safety or welfare or to the environment or is likely to result in severe damage to the water system or the environment and it therefore appears to be prejudicial to the public interest to allow the condition or activity to go unabated until notice and an opportunity for a hearing can be provided, the Superintendent may, without prior hearing, order such user by notice, in writing, wherever practicable or in such other form as practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity; or where the giving of notice is impracticable, or in the event of a user's failure to comply voluntarily with an emergency order, the Superintendent may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 calendar days, the Superintendent shall provide the user an opportunity to be heard, in accordance with the provisions of this section.