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 that 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 the 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 article shall be in writing and shall be 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 communications mailed to the user pursuant to the sections
of this article shall be mailed to the user at the address where the
user's effluent is discharged into transmission lines to the Town's
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
sole discretion to utilize any one or more appropriate administrative
remedies set forth in the sections of 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 Superintendent,
through counsel, may petition the Court, 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.