A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, shall, upon conviction, be guilty of a misdemeanor, punishable by a fine or imprisonment, or both. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a fine or imprisonment, or both. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
Any person found to be violating any provision of these Rules or any provision of a discharge permit shall be liable for a civil penalty of up to $5,000 for each violation or the maximum provided under the Massachusetts General Laws. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. A user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to these Rules, an individual wastewater discharge permit, or order issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under these Rules shall, upon conviction, be punished by a fine of not more than $1,000 per violation, per day, or imprisonment for not more than six months, or both.
A.
In determining the amount of civil 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 of the violation, 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.
B.
In addition to the penalties provided herein, the Town may recover reasonable attorneys' fees, court costs, court reporters' fees and other expenses of litigation by appropriate suit at law against the person found to have violated these Rules or the orders, rules, regulations, and permits issued hereunder.
C.
Any person violating any of the provisions of these Rules shall become liable to the Town for any expense, loss, or damage occasioned the Town by reason of such violation. If any person discharges sewage, industrial wastes or other wastes into the Town's POTW contrary to the provisions of this chapter, federal or state pretreatment requirements, or any order of the Town, the Town Council may commence an action for appropriate legal and/or equitable relief in the State Superior Court. Filing a suit for civil penalties shall not be a bar against, or prerequisite for, taking any other action against a user.
The remedies provided for in this chapter are not exclusive. The Superintendent may take any, all, or any combination of these actions against a noncompliant user. Further, the Superintendent is empowered to take more than one enforcement action against any noncompliant user.
No 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 sewage works. Any person violating this provision shall be subject to immediate arrest under a charge of disorderly conduct.