Any person found to be violating any provision of these Rules shall be served by the Superintendent with a written notice of violation stating the nature of the violation. A time limit for the satisfactory correction thereof may be granted before penalties are assessed, at the Superintendent's discretion. The offender shall, within the period of time stated in such notice, permanently cease all violations. Nothing in this article shall limit the authority of the Superintendent to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation. Actions which may be taken by the Superintendent may include, but are not limited to, seeking injunctive relief, entry on private property to halt such discharge, blockage of a public sewer to halt such discharge, or demand of specific action by the discharger.
When the Superintendent finds that a user has violated, or continues to violate, any provision of these Rules, an industrial wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
A.
Any user who violates the following conditions of these Rules or applicable state and federal regulations is subject to having its industrial wastewater discharge permit revoked in accordance with the procedures of this article:
(1)
Failure of a user to factually report the wastewater constituents and characteristics of its discharge;
(2)
Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(3)
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring;
(4)
Discharge of harmful substances or repeated instances of accidental discharges; or
(5)
Violation of conditions of a user's industrial wastewater discharge permit.
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause in accordance with § 240-52 of this article why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
The person to whom any written notice is served by the Superintendent may request a hearing before the Town, by filing within three days (excluding Saturday, Sunday and legal holidays) after the day the written notice was served or given, in the office of the Town Manager, a written letter requesting a hearing of the matter. Upon receipt of such request, the Town Manager shall set a time and place for such hearing and shall inform the petitioner thereof, in writing.
A.
The hearing shall be commenced not later than five business days after the day on which the written request was filed and shall be concluded within five business days thereafter, provided that upon application of the petitioner, the Town may postpone the date of the hearing for a reasonable time beyond the five-day period.
B.
At the hearing, the petitioner shall be given an opportunity to be heard and to show why the order or decision of the Superintendent should be modified or withdrawn.
C.
After the hearing, the Superintendent shall sustain, modify or withdraw the order of decision and shall inform the petitioner, in writing, of the Superintendent's decision within three business days after the conclusion of the hearing.
D.
If a written letter for hearing is not filed in the office of the Superintendent within three days (excluding Saturdays, Sundays and legal holidays) after an order, as provided in this article, has been issued, or if after hearing the order has been sustained in any part, each day's failure to comply with the order as issued or modified shall constitute an additional offense.
E.
The Superintendent may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Board why the proposed enforcement action 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 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 Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail at least 10 days before the hearing. Service may be made on any agent or office of a corporation.
A.
When the Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, or the discharge presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the POTW or causes the Town to violate any condition of its NPDES permit, the Superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:
B.
Any user notified of a suspension of the wastewater treatment service and/or the industrial wastewater discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the user to comply voluntarily with the suspension order, the Town shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to individuals. The Town shall reinstate the industrial wastewater discharge permit and/or the wastewater treatment service upon proof to the satisfaction of the Superintendent of the elimination of the noncomplying discharge.