When the Department determines that a user has violated, or continues to violate, any provision of this regulation, an industrial discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Department may serve a verbal or written notice of violation to the user. Within the time period specified in the violation notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Department. Submittal of this plan in no way relieves the user of liability for any violations occurring before or subsequent to receipt of the notice of violation. Nothing in this section shall limit the authority of the Department to take any action, including emergency actions or any other enforcement action, without initially issuing a notice of violation.
The Department may require any user that has violated or continues to violate any provision of this regulation, an industrial discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to develop a compliance schedule. A compliance schedule pursuant to this section shall meet the requirements set out in § 435-7.2 of this regulation. A compliance schedule pursuant to this section shall comply with the following conditions:
A.
The schedule shall contain progress increments in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable pretreatment standards, including, but not limited to, retaining an engineer, completing preliminary and final design plans, executing contracts for major components, commencing and completing construction and beginning and conducting routine operations;
B.
No increment referred to above shall exceed nine months;
C.
The user shall submit a progress report to the Department no later than 14 days following each date in the schedule and the final date of compliance which identifies, as a minimum, whether or not it complied with the increment of progress, the reason for any delay and, if appropriate, the action being taken by the user to return to the established schedule; and
D.
In no event shall more than nine months elapse between such progress reports to the Department.
The Department may require any user that has violated or continues to violate any provision of this regulation, an industrial discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to develop a pollution prevention plan in accordance with § 435-4.4 of this regulation. The pollution prevention plan must specifically address the violation(s) for which this action was undertaken. The pollution prevention plan shall be developed using good engineering judgment and shall be submitted to the Department no later than 60 days after the user was notified of this requirement.
The Department shall publish annually, in the largest daily newspaper circulated in the Town where the POTW is located, a list of the users that, during the previous 12 months, were in significant noncompliance with applicable pretreatment standards and requirements.
The Department may order a user that has violated, or continues to violate, any provision of this regulation, an industrial discharge permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Department and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user, specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least 10 days prior to the hearing. Such notice may be served on any authorized representative of the user. A show-cause hearing shall not be a bar against, or prerequisite for, executing any other action against the user.
A.
When the Department determines that a user has violated, or continues to violate, any provision of this regulation, an industrial discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Department may issue an order to the user directing it to cease and desist all such violations and directing the user to:
B.
Issuance of a cease-and-desist order shall not be a bar against, or a prerequisite for, taking any other action against the user.
The Department is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for 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. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment systems, additional self-monitoring and management practices. Such orders shall have the same force and effect as administrative orders issued pursuant to §§ 435-11.5 and 435-11.6 of this regulation and shall be judicially enforceable.
A.
Any industrial user who violates the following conditions of this regulation or a wastewater discharge permit or order, or any applicable state or federal law, is subject to permit termination:
(1)
Violation of permit conditions;
(2)
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3)
Failure to report significant changes in operations or wastewater constituents and characteristics; or
(4)
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 435-11.5 of this regulation why the proposed action should not be taken. Exercise of this option by the Department shall not be a bar to, or a prerequisite for, taking any other action against the user.
A.
In addition to the provisions in § 435-11.8 of this regulation, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of industrial discharge permit conditions;
(2)
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3)
Failure to report significant changes in operations or wastewater volume, constituents and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; or
(5)
Violation of the pretreatment standards in Article 2 of this regulation.
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 435-11.5 of this regulation why the proposed action should not be taken. Exercise of this option by the Department shall not be a bar to, or a prerequisite for, taking any other action against the user.
The Department may immediately suspend a user's discharge, subsequent to informal notice to the user, whenever such suspension is necessary to terminate an actual or threatened discharge that reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of POTW personnel or the public. The Department may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW, or that presents, or may present, an endangerment to the environment.
A.
Any user notified of a suspension of its discharge shall immediately terminate or eliminate its wastewater discharge. In the event of a user's failure to immediately comply with the suspension order, the Department may implement such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Department may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Department that the period of endangerment has passed, unless the termination proceedings in § 435-11.8 or 435-11.9 of this regulation are initiated against the user.
B.
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures implemented to prevent any future occurrence, to the Department prior to the date of any show-cause or termination hearing under § 435-11.5, 435-11.8 or 435-11.9 of this regulation. Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
Any person or industrial user violating any of the provisions of this regulation shall be liable to the Town for any expense, loss or damage occasioned the Town by reason of such violation. If the Department or Select Board shall have caused the disconnection of a drain from a public sewer, the Town may collect the expenses associated with completing the disconnection from any person or user responsible for, or willfully concerned in, or who profited by such violation. The Town may thereafter refuse to permit the restoration of the former connection or of any new connection to the property concerned in the violation until the claim of the Town for the cost of completing such disconnection shall have been paid in full plus interest and the reasonable cost of any legal expenses incurred by the Town in connection therewith.
A.
No person shall maliciously, willfully or negligently damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment that is part of the public sewerage system. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct pursuant to the local regulations and shall also be subject to penalties under state and federal statutes.
B.
Neither the Town nor its employees shall be liable for damages arising out of malfunction of the system, including but not limited to backups.