[Amended 11-17-2020 by Ord. No. 236-2020]
A. 
Any person who fails to comply with this chapter and/or its rules and regulations promulgated hereunder shall be subject to enforcement actions by the City in accordance with the remedies detailed in this Article VI, and in accordance with the Sewer Rules and Regulations.
B. 
When the pretreatment coordinator 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, the pretreatment coordinator may serve upon that user a written notice of violation. Within 10 days of the receipt of such notice, the user shall submit a written explanation of the violation and a plan for the satisfactory correction and prevention thereof, including its plan for implementing specific required actions. Submission of a plan shall not relieve the user of any liability for any violations occurring before or after receipt of the notice or order, nor shall corrective action undertaken by a user be deemed a defense to the impositions of civil penalties imposed under this chapter.
C. 
Effective date. Any notice or order issued under this chapter is effective immediately, according to its terms, when it is served.
A. 
The Commission shall prescribe and establish civil administrative penalties for violations of this chapter, or orders of the Commission or Commissioner, or his/her designee, the conditions of the permit, pretreatment standards and any federal and state requirement applicable to users discharging into the POTW system. The penalties shall be not more than $5,000 for each violation. Each day on which the violation(s) exists shall be deemed a separate violation.
B. 
The rules and regulations establishing the civil administrative penalties shall be published once in a newspaper published in the City. The publication shall include a notice that the rules and regulations shall be available for inspection by the public and shall not take effect until such newspaper publication has been made.
C. 
When the Commissioner, or his/her designee, 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, the Commissioner, or his/her designee, may fine such user in an amount not to exceed $5,000 per violation for each day of violation. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
[Amended 11-17-2020 by Ord. No. 236-2020]
(1) 
Fines shall be assessed at $200 per violation per day for the first violation and increase by $200 per day for each subsequent violation to a maximum of $5,000 per violation per day.
(2) 
If the industry/permittee remains in full compliance for one year from the date the fine was assessed, the assessment cycle shall begin anew and any subsequent fines will be assessed as described above beginning at $200 per violation per day.
D. 
Users desiring to dispute such fines may request a hearing pursuant to the Sewer Rules and Regulations. The fine assessed shall be paid notwithstanding the request for hearing. The Commission shall return the amounts paid, plus accrued interest, if the user's appeal is successful. The Commissioner, or his/her designee, may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
E. 
The Commission may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
[Amended 11-17-2020 by Ord. No. 236-2020]
F. 
In determining the amount of civil liability, the City 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.
[Added 11-17-2020 by Ord. No. 236-2020]
G. 
Issuance of an administrative fine shall not be a bar against, or a prerequisite for taking, any other enforcement and penalty action against the user.
[Added 11-17-2020 by Ord. No. 236-2020]
A. 
Any user or person who violates any provision of this chapter, a wastewater discharge permit or order issued pursuant to this chapter or any pretreatment standard or requirement shall, upon conviction, be punished by a fine of not more than $300 per violation per day.
B. 
Any person who makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained by this chapter or discharge permits or who falsifies, tampers with or knowingly renders inaccurate monitoring device or method required by this chapter shall, upon conviction, be punished by a fine of $300 per violation.
C. 
A user who knowingly or with a wanton or reckless disregard causes or permits any substance to be introduced into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a fine as set forth in § 147-25A or imprisonment in the house of correction for not more than 2 1/2 years, or both. This penalty shall be in addition to any other civil fine or cause of action for personal injury or property damage available under state law.
[Added 11-17-2020 by Ord. No. 236-2020]
The City shall impose a municipal charges lien within the meaning of MGL c. 40, § 58, for any fee or charge not paid by the due date established by the Commission.
The penalties, remedies and sanctions established by this chapter are cumulative and not exclusive. The Commission may pursue any or all or any combination of actions against a noncompliant user.
The following fees and charges for all industrial users, including but not limited to haulers of merchant sludge and septage, are hereby established:
A. 
Checks with insufficient funds. The fee for a bounced check shall be $25, plus the amount due that is equal to, or less than $2,500. If an amount from a bounced check exceeds $2,500, the fee shall be assessed at 1% as set by Massachusetts General Law, plus the amount of the check due.
B. 
Delinquent accounts.
(1) 
For all commercial sludge and septage accounts, any bill or charge that is not paid within 45 days of issuance shall accrue interest daily on the unpaid balance at the annual rate of 14%, plus a penalty fee of $10. Disputed amounts, as determined by the City, shall not be subjected to additional charges.
(2) 
For all industrial billings not associated with metered water usage, any bill or charge that is not paid within 45 days of issuance shall accrue interest daily on the unpaid balance at the annual rate of 14%, plus a penalty fee of $10. Disputed amounts, as determined by the City, shall not be subjected to additional charges.