When the Director determines that a user has violated, or continues to violate, any provision of this Ordinance, a permit or order issued hereunder, or any other pretreatment standard or requirement, the Director may serve upon that user a written Notice of Violation. 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 Director. Submittal of this plan in no way relieves the user of liability for any violation occurring before or after receipt of the Notice of Violation. Nothing in this article shall limit the authority of the Director to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
The Director may require any user that has violated or continues to violate, any provision of this Ordinance, a 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 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 (such events include, but are 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 operation);
B.
No increment referred to above shall exceed ninety (90) days;
C.
The user shall submit a progress report to the Director no later than ten (10) days following each date in the schedule and the final date of compliance including, as a minimum, whether or not it complied with the increment of progress, the reason for the 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 thirty (30) days elapse between such progress reports to the Director;
The Director may require any user that has violated or continues to violate any provision of this Ordinance, a permit, or order issued thereunder, or any other pretreatment standard or requirement, to develop a pollution prevention plan in accordance with Section 3.4 of this Ordinance. The pollution prevention plan must specifically address 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 Director no later than sixty (60) days after the user was notified of this requirement.
The Director may publish annually, on the Town website or in the newspaper having the largest circulation in the Town, a list of the users that, during the previous twelve (12) months, were in significant noncompliance with applicable pretreatment standards and requirements.
The Director may order a user that has violated, or continues to violate, any provision of this Ordinance, a permit or order issued hereunder, or any other pretreatment standard or requirement, to appear before the Director and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place of 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 ten (10) days prior to the hearing. Such notice may be served on 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.
When the Director determines that a user has violated, or continues to violate, any provision of this Ordinance, a permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Director shall issue an order to the user directing it to cease and desist all such violations and directing the user to:
A.
Immediately comply with all requirements; and
B.
Implement such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
A violation of any provision of this Ordinance, an Industrial Discharge Permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Director. Any person(s) creating a public nuisance shall be subject to the provisions of local, state or federal laws governing such nuisances, including reimbursing the Town for any costs incurred in removing, abating, or remedying said nuisances. |
Issuance of a cease and desist shall not be bar against, or a prerequisite for, taking any other action against the user. |
The Board of Selectmen is hereby empowered to enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period 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 the administrative order issued pursuant to Section 10.5 and 10.6 of this Ordinance and shall be judicially enforceable.
The Director may terminate a user's permit upon a finding of:
A.
Violation of permit conditions;
B.
Failure to accurately report the wastewater constituents and characteristics of its discharge;
C.
Failure to report significant changes in operations of wastewater volume, constituents, and/or characteristics prior to discharge;
D.
Refusal of reasonable access to the user's premises for inspection, monitoring, or sampling;
F.
Falsifying self-monitoring reports;
G.
Tampering with monitoring equipment;
H.
Failure to pay fines;
I.
Failure to pay sewer fees and/or charges;
J.
Failure to meet compliance schedules;
K.
Failure to complete a wastewater survey;
L.
Failure to provide advance notice of the transfer of a permitted facility;
M.
Discharging wastewater that presents an imminent hazard to the public health, safety or welfare, or to the local environment;
N.
Violation of any pretreatment standard or requirement, or this Ordinance or order issued hereunder, or any applicable State or Federal Law.
Any user who violates a provision of Section 10.8 of this Ordinance, or who fails to cease and desist from any discharge of wastewater upon termination of the permit for that discharge, is subject to discharge termination.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Section 10.5 of this Ordinance why the proposed action should not be taken. Termination of discharge may be achieved by termination of sewer service from the building, or by such other means as the Director deems appropriate. The Director shall notify the Town's Health Officer and/or Board of Health upon termination of discharge from any building. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the user.
The Director 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 the POTW personnel or the public. The Director 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 voluntarily with the suspension order, the Director 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 Director may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Director that the period of endangerment has passed, unless the termination proceedings in Section 10.9 of this Ordinance 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 Director prior to the date of any show cause hearing or termination hearing under Sections 10.5 or 10.9 of this Ordinance.
Nothing in this Section shall be interpreted as requiring a hearing prior to any emergency suspension under this section. |
Any person violating any of the provisions of this Ordinance shall become liable to the Town for any expense, loss, or damage occasioned by the Town due to such violation. Employers shall be held jointly liable to the Town for any expense, loss, or damage occasioned by the Town through the actions of their employees. Property owners shall be held jointly liable to the Town for any expense, loss, or damage occasioned by the Town through the actions of their tenants.
If the Director or the Board of Selectmen implemented the discontinuance of a building sewer from a public sewer, the Town may collect the expenses associated with completing that discontinuance or disconnection from any person responsible for, or willfully concerned in, or who profited by such violation. The Town may thereafter refuse to permit the restoration of the former sewer 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 discontinuance or disconnection shall have been paid in full and the reasonable cost of any legal expenses incurred by the Town, or interest charges in connection therewith.
Any person who shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment that is part of the POTW shall be liable for damages to the owner thereof, and shall be arrested on the charge of Criminal Mischief (Ref: RSA 634:2).
When the Director determines that any person or user has violated, or continues to violate, any provision of this Ordinance, a permit, or order issued thereunder, or any other pretreatment standard or requirement, the Director may, after notifying the Town Manager and the Board of Selectmen petition the Rockingham County Superior Court through Town Counsel for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the permit, order, or other requirement imposed by this Ordinance on activities of the user. The Director may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, implementing any other action against a user.
A.
A user who has violated, or continues to violate, any provision of this Ordinance, a permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the Town for a maximum civil penalty of $10,000 per violation, per day, plus actual damages incurred by the POTW. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation (Ref: RSA 149-I:6).
B.
The Director may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages to the Town. The Board of Selectmen, the Town Manager, or Director, if directed by the Board, shall petition the Court to impose, assess, and recover such sums.
C.
In determining the amount of civil liability, the Court shall consider 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 implemented by the user, the compliance history of the user, and any other factor as justice requires.
D.
Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, implementing any other action against the user.
E.
The Director may decline to issue or reissue an Industrial Discharge Permit to any user who has failed to comply with any provision of this Ordinance, a previous Industrial Discharge Permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the Town, in a sum not to exceed a value determined by the Director to be necessary to achieve consistent compliance.
F.
The Director may decline to issue or reissue an Industrial Discharge Permit to any user who has failed to comply with any provision of this Ordinance, a previous Industrial Discharge Permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
G.
The procedure to address food preparation establishments found to be in violation of this Ordinance shall be as follows:
Violation | Penalty |
|---|---|
1st Violation | Notice of 1st Violation |
2nd Violation | $250.00 Fine |
3rd Violation | $500.00 Fine |
4th Violation | $1,000 Fine Per Day |
A written letter will be sent to each food preparation establishment that violates this Ordinance describing the Violation and the action(s) required to be taken to come into compliance. A representative(s) of the food preparation establishment can request an informal meeting with the director. The request shall be submitted within ten (10) days of the violation and the meeting scheduled during the next ten (10) days, allowing ten (10) days for the owner to correct the violation before the next inspection, which will occur thirty (30) days after the initial violation. Thirty (30) days will be allowed between each inspection until the fourth (4th) violation. In addition to the $1,000.00 fine for the fourth violation the name of the violating food preparation establishment may be released to local newspapers. Additionally, costs for labor for sampling and testing performed and administrative costs will be billed to the user. Failure to pay the fines will result in the sewer being shut off. If sewer service is suspended for any period of time, the owner of the food preparation establishment will also be charged for a reconnection fee. |
If within a 24-month period, the food preparation establishment has had at least 4 consecutive sampling events that indicate compliance, the next violation will be addressed with a Notice of 1st Violation. |
Any person who willfully or negligently violates any provision of this Ordinance, a permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a violation, punishable by a fine not to exceed $10,000 for each violation. Every separate provision violated shall constitute a separate violation. Every day that a violation occurs shall be deemed a separate violation (Ref: RSA 149-I:6).
The remedies provided for in this Ordinance are not exclusive. The Town may take any, all, or any combination of these actions against a noncompliant user. The Town may pursue other action against any user without limitation, including ex parte temporary judicial relief to prevent a violation of this Ordinance. Further, the Town is empowered to pursue more than one enforcement action against any noncompliant user.