A. 
General. Any owner, person, user or significant industrial user found in violation of any part of this chapter, discharge permit, compliance schedule or order, or any order of the Town shall be subject to enforcement procedures. Such procedures shall include but are not limited to, revocation of permit, suspension of discharge, show cause hearing, Commission order, legal action and/or penalty costs.
B. 
Compliance schedule. When the Superintendent finds that a user has violated or continues to violate this chapter or a permit or order issued thereunder, he may issue an order to the user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate pretreatment facilities, devices, or other related appurtenances have been installed and are properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including installation of pretreatment technology, additional self-monitoring and management practices.
C. 
Permit revocation.
(1) 
Enforcement costs. The permittee agrees to reimburse the Town for the cost of enforcing the permit, including reasonable attorneys' fees, if violation of the permit is found by a hearing officer during the course of a show cause hearing or if such decision is appealed, then in court of competent jurisdiction.
(2) 
Damage to facilities. The permittee agrees to indemnify and hold harmless the Town from and against any liability, loss, cost, expense or actual damage (including reasonable attorney's and accountants' fees incurred in defending or prosecuting any claim for any such liability, loss, cost, expense or damage) suffered by the Town and caused by discharges from the permittee, either singly or by interaction with other wastes.
(3) 
Violation of any of the following conditions may result in the revocation of a wastewater discharge permit.
(a) 
Failure to accurately and fully report the wastewater volume, constituents, and characteristics of its discharge.
(b) 
Failure to report significant changes in wastewater volume, constituents, or characteristics.
(c) 
Failure to allow Town personnel statutorily authorized access for the purpose of inspection or monitoring.
(d) 
Failure to pay any and all costs.
(e) 
Violation of any condition of a permit or this chapter.
(f) 
Failure to correct violations that have already resulted in the suspension of the permit.
(g) 
Failure to adhere to compliance schedule or order.
D. 
Suspension of discharge.
(1) 
The Town may suspend the wastewater service and/or a wastewater discharge permit when such suspension is necessary, in the opinion of the Town, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare or persons or to the environment or causes interference or pass-through to the collection system or wastewater treatment system.
(2) 
Any person notified of a suspension of the wastewater treatment service and/or a wastewater discharge permit shall immediately stop or eliminate the contribution. In the event of a failure of the person 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 system or endangerment to any individuals. The Town shall reinstate the wastewater discharge and/or the wastewater service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any further occurrence shall be submitted to the Town within 15 days of the date of occurrence.
E. 
Show cause hearing.
(1) 
If a violation is not corrected within the time frame mandated by the Town, the Superintendent may order any person who causes or allow an unauthorized discharge to show cause before the Commission why service should not be terminated. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the Commission regarding the violation and directing the offending party to show cause before said authority why an order should not be made directing the termination of service. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
(2) 
At any public hearing, testimony taken before the hearing authority or any person designated by it, must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any part of the hearing upon payment of the usual charges.
(3) 
After the Commission had reviewed the evidence, it may issue an order to the party responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices, or other related appurtenances are properly operated, and such further orders and directives as are necessary and appropriate.
F. 
Legal action. Any discharge in violation of the substantive provisions of this chapter or an order of the Commission shall be considered a public nuisance. If any person discharges sewage, industrial wastes or other wastes into the Town collection system contrary to the substantive provision of this chapter or any order of the Commission, the Town Solicitor shall commence an action for appropriate legal and/or equitable relief in the superior court of this county.
G. 
Penalty costs. Any person who is found to have violated an order of the Town Council or who has failed to comply with any provision of a discharge permit issued by the Town, or provision of this chapter, and the orders, rules and regulations issued hereunder, shall be fined in accordance with § 285-25, Violations and penalties. In addition, 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 this chapter or the orders, rules, regulations, and permits issued by the Town.
A. 
Board of Sewer Appeals. In order that the provisions of this chapter may be reasonably applied and substantial justice done in instances where unnecessary hardship would result from carrying out the strict letter of this chapter, the Town Council shall serve as a board of sewer appeals. The Board of sewer appeals shall consider appeals from decisions of the Board of Sewer Commissioners and shall determine in particular cases whether any deviation from the strict enforcement of this chapter will violate its intent or jeopardize the public health and safety.
B. 
Procedure. Any person aggrieved by any decision of the Board of Sewer Commissioners shall, in addition to any other remedy provided by law, have the right to appeal to the Board of sewer appeals within 30 days of the decision appealed from. The Board of sewer appeals shall consider the appeal and give the aggrieved person a reasonable opportunity to be heard. The final disposition of the appeal shall be in the form of a resolution reversing, modifying or affirming, the decision appealed from.
If any provision, paragraph, word, section or article of this chapter is invalidated by any court or competent jurisdiction, the remaining provisions, paragraphs, words, sections, and articles shall not be affected and shall continue in full force and effect.
All ordinances and parts of ordinances inconsistent or conflicting with any part of this chapter are hereby repealed to the extent of such inconsistency or conflict.
A. 
Any user or person violating any provision of § 285-4, Building sewers and permit requirements, shall be fined up to $500 for each offense. A separate offense shall be deemed committed on each day during on or which a violation occurs or continues.
B. 
Any user or person violating any provision of § 285-5, Sewer construction requirements, shall be fined up to $500 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
C. 
Any user or person violating any provision of § 285-8, Protection from damage, shall be fined not more than $500, or by imprisonment of not more than 30 days. Each day of violation of this chapter shall constitute a separate offense.
D. 
Any person who is found to have violated an order of the Sewer Commission, Town Council or Woonsocket Pretreatment requirements, or who fails to comply with any provision of a discharge permit issued by the Superintendent or Pretreatment Coordinator, or provision of this chapter, and the orders, rules and regulations issued hereunder, shall be fined up to $25,000 per day for each offense, for each and every day during which a violation occurs. In addition to the penalties provided herein, the Town or City of Woonsocket 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 this chapter or the orders, rules and regulation issued hereunder, or a discharge permit issued by the Town and/or the Woonsocket Pretreatment Program.
E. 
Any user or person violating any provision of § 285-2, Use of public sewers required generally, shall be fined not more than $500, or by imprisonment of not more than 30 days. Each day of violation of this chapter shall constitute a separate offense.
All rules, regulations and requirements stated in this chapter shall be complied with by all users of the Town's sewer system, regardless of whether or not the user is located in the Town of North Smithfield. The Town has this authority, as stated in Rhode Island General Laws, Chapter 45-6-2.3, amended 1987.
Granted for one year by Commission; extension. Whenever the Commission grants a permit for property located outside the Town, said permit shall expire one year from the date of the granting of said permit, unless the applicant exercises the permission granted, receives a building permit and commences construction or requests the Town Council, acting as a Sewer Commission, to extend the time for performance for an additional one-year period. The granting of said extension is entirely at the discretion of the Commission, and the Commission may required the applicant to demonstrate, through testimony or other evidence, that the effect of the extension of the permit has not substantially changed since the original application.
Exhibit A
Purpose
Fee
Drain laying
Permit application and annual fee
$50
Connection to Town sewer system:
Class R Residential and Class M Miscellaneous users
Permit application fee with 1 inspection
$200 per unit
Each additional inspection
$50
Connection costs
To be paid by owner
Class C Commercial users
Permit application fee with 1 inspection
$300 per unit
Each additional inspection
$100
Connection costs
To be paid by owner
Class B Manufacturing
Significant industrial users
Permit application fee
$500 per unit
Annual permit fee
Based on costs incurred by the Town;. assessed in annual billing
Installation costs
To be paid by owner