A. 
Duly authorized representatives of the City may inspect the property or facilities of any user (including facilities under construction) to ascertain compliance with these wastewater regulations or compliance with any approval issued pursuant to these wastewater regulations.
B. 
Owners or occupants of premises where wastewater is either generated or discharged shall allow properly identified City representatives safe and ready access, at all reasonable times during normal business hours and at such other times as the City reasonably suspects that a violation of these wastewater regulations or an approval issued pursuant to these wastewater regulations may be occurring. The DPW shall be admitted to such parts of the premises as necessary to inspect, observe, measure, sample, and test such facilities that the Director reasonably believes may be contributing to a violation of these wastewater regulations. The DPW shall also have free access to all premises for termination of service due to nonpayment of bills.
C. 
Access shall be allowed to all such parts of the premises as would enable the City personnel to inspect, observe, measure, sample and test:
(1) 
Internal plumbing;
(2) 
Pretreatment facilities;
(3) 
Internal discharge points or connections;
(4) 
Exterior connections;
(5) 
Building sewers;
(6) 
Meters;
(7) 
Oil traps and grease traps;
(8) 
Any other facilities required by the City and/or the MWRA to be constructed, installed or utilized;
(9) 
Measurement, sampling and testing facilities and procedures that have been required by the City and/or the MWRA; and
(10) 
Such other facilities as the City reasonably believes may be contributing to a violation of these wastewater regulations or an approval issued pursuant to these wastewater regulations.
D. 
The City, by itself or in conjunction with the MWRA, may conduct routine, periodic inspections of certain types of facilities. It is anticipated that restaurants, other food-handling or food-processing establishments, service stations, and other entities which deal with grease or petroleum products are particularly likely to be subject to such an inspection program. Other industrial users may also be so inspected, as the City deems appropriate. Owners or occupants shall provide any labor or equipment needed by City or MWRA personnel to open, inspect, and operate oil and grease traps and other facilities.
E. 
The City shall be deemed to be performing a governmental function for the benefit of the general public, and neither the City nor the owner shall be liable for any loss or damage as a result of the performance of such governmental functions. Where a person has security measures in force which would require proper identification and clearance before entry into the premises, the person shall make necessary arrangements with their security so that upon presentation of suitable identification, the City will be permitted to enter without delay for the purposes of carrying out their specific responsibilities.
F. 
Right of entry.
(1) 
Duly authorized representatives of the City shall be permitted to enter all private property through City-owned easements for the purpose of inspection, observation, measurement, sampling, testing, maintenance, repair or reconstruction of any portion of a public sewer system lying within said easement. Inspections conducted pursuant to routine periodic surveys or on a report of a complaint shall be performed at all reasonable times during normal business hours. When the City reasonably suspects that a violation of these wastewater regulations is or may be occurring or an urgent condition or emergency exists that requires immediate action on the part of the City access shall be permitted at such other times as is necessary for the correction of said violation or abatement of such emergency. All entry and subsequent work, if any, shall be done in full accordance with the terms of said easement.
(2) 
Where a user has security measures in force that would require clearance before entry to the premises, the user shall make necessary arrangements to permit City personnel to enter without undue delay for the purpose of carrying out their specific responsibilities.
G. 
Termination of service. The City may forthwith give written notice of its intent to terminate water and sewer service where an owner or user having received reasonable notice refuses to permit properly identified City personnel to enter or have access to premises in accordance with the terms of this section. Notwithstanding any other course of action available to it, the City has the right in accordance with applicable federal and state law to apply for entry to premises served by the public water and sewer system for the purposes as set forth in this section.
A. 
Whenever, on the basis of any available information, the City finds that a person violated, is violating or intends to violate these wastewater regulations; violated, is violating or intends to violate any approval issued pursuant to these wastewater regulations; made a false representation in an application, record, or report to the City or failed to provide relevant information; manipulated, falsified, tampered with, or rendered inaccurate a meter, meter reading device, or appurtenance thereto; failed to comply with an order or ruling issued by the City or a court after having reasonable opportunity to comply; failed to pay a penalty or fee due to the City; or caused or threatened damage to the City's collection system, the City may take any one or more of the following actions, in any sequence or simultaneously:
(1) 
The City may issue an order to cease and desist any such violation or any actions that cause or intend to cause a violation, and/or an implementation schedule for undertaking specific actions or practices.
(2) 
The City may require the owner or user to submit a detailed time schedule setting forth specific actions to be taken and specific dates upon which such actions will be taken in order to prevent or correct a violation. The City may issue an implementation schedule containing or modifying such specific actions and time schedule, or requiring such other actions within such times as the City deems appropriate.
(3) 
The City may issue an order directing the owner or user to pay to the City penalties and costs in accordance with these wastewater regulations.
(4) 
The City may revoke, modify, deny, suspend or refuse to renew an approval issued under these wastewater regulations.
(5) 
The City may take direct enforcement action by filing suit in any court of competent jurisdiction for civil or criminal fines and reimbursement of costs or damages resulting from the violation or threatened violation.
(6) 
The City may terminate water and sewer service as authorized in these wastewater regulations.
(7) 
The City may take any other action available to it under any applicable statute or regulation.
B. 
Notice of noncompliance. The purpose of a notice of noncompliance is to provide a formal notice of one or more violations and to set a compliance date or require the submission of a compliance schedule. A notice of noncompliance shall not be construed as an authorization or approval to violate any law, regulation or requirement prior to achieving compliance. A notice of noncompliance shall identify the violation(s) and shall require the person to comply by a certain date or to submit a written report to the DPW by a certain date that describes the measures the person will take to correct the violation and the date by which such measures will be taken. A notice of noncompliance shall notify a person of their right to request reconsideration of the notice of noncompliance.
C. 
Cease-and-desist order.
(1) 
The DPW may issue a cease-and-desist order to require a person to:
(a) 
Cease and desist a violation and/or any actions that cause or threaten to cause a violation;
(b) 
Submit written reports to the DPW that describe the measures the person will take to correct the violation and the dates by which the measures will be taken;
(c) 
Take specific measures to correct or eliminate a violation;
(d) 
Follow an implementation schedule that requires specific actions according to a time schedule;
(e) 
Follow a schedule of sampling, analysis and reporting to the DPW; and/or
(f) 
Take any other action authorized by law.
(2) 
A cease-and-desist order shall identify the violation(s), shall require the person to comply by a certain date, and shall notify the person of their right to request reconsideration or the order.
D. 
Penalties.
(1) 
Any person who continues to violate these wastewater regulations after notice and/or a cease-and-desist order; or who knowingly makes false representation in an application, record or report to the City; or who has falsified, tampered with or knowingly renders inaccurate any meter, monitoring device or method required under these wastewater regulations shall be subject to civil monetary penalties established by:
(a) 
Applicable Massachusetts law;
(b) 
Applicable rules and regulations of the Department of Environmental Protection and the MWRA; and
(c) 
Such penalty schedules as may from time to time be adopted by the City through the Mayor and appended to these wastewater regulations.[1]
[1]
Editor's Note: Current schedules are on file at the Department of Public Works.
(2) 
For purposes of the computation of penalties, each day of a continuing violation of these wastewater regulations shall be deemed to be a separate violation. If a violation is intermittent, each occurrence shall be deemed to be a separate violation.
(3) 
If the City elects to file an enforcement action in a court of competent jurisdiction, the damages then recoverable by the City shall not be limited to amounts recoverable under these wastewater regulations.
(4) 
Pursuant to MGL c. 83, §§ 10 and 13, failure to comply with any portion of these wastewater regulations, or with any approval or order issued thereunder, shall be sufficient cause for the Mayor to levy on and collect from each violator any additional cost for expense, loss, or damage occasioned by such violation, including the cost of remedial or preventive actions taken by the Mayor and/or the Director pursuant to correcting the violation and all other related costs such as, but not limited to, those described in these wastewater regulations.
E. 
Approval action.
(1) 
The DPW may revoke, suspend, modify, deny, or refuse to renew an approval issued under these wastewater regulations whenever, on the basis of available information, the DPW finds that the applicant:
(a) 
Provided false or misleading information to the DPW, or failed to provide relevant information to the DPW, as part of the approval process;
(b) 
Intentionally falsified or misrepresented, rendered inaccurate or tampered with any meter, monitoring device or method used or required by the DPW;
(c) 
Manipulated sampling, inspecting, or other monitoring to hide actual or potential violations of these wastewater regulations;
(d) 
Has a history of noncompliance that has not abated after receiving a notice of noncompliance, order, or penalty from the DPW;
(e) 
Has failed to comply with a notice of noncompliance, order, or ruling issued by the DPW or a court after having a reasonable opportunity to comply;
(f) 
Intentionally violated a notice of noncompliance, order or ruling issued by the DPW or a court;
(g) 
Does not have the ability to comply with DPW requirement within a reasonable period of time;
(h) 
Maintains a condition which can reasonably be expected to result in significant harm to health, safety, the environment, or the public water system; or
(i) 
Has failed to pay a penalty or fee due the DPW after receiving notice to do so.
(2) 
An approval action shall be initiated by a notice to the applicant that:
(a) 
Identifies the basis for the DPW action and the facts and circumstances upon which the DPW relies;
(b) 
Indicates whether such action is of limited, indefinite, or permanent duration; and
(c) 
Informs the applicant of its right to request reconsideration of the approval action and that timely filing of such request will stay the approval action pending the resolution of such request.
(3) 
An approval action may be taken to prevent further violations, as a means to help insure compliance, as part of a process escalating enforcement to gain compliance, and/or as a deterrent to future violations by the applicant subject to the action.
F. 
Appeal process.
(1) 
Notification and conference.
(a) 
Whenever the DPW issues an approval; denies, revokes, modifies, or amends any form of the approval or the application; requires an owner or user to build or install any particular facility or device; issues a cease-and-desist order, a compliance order, or an implementation schedule; or assesses penalties or other charges for noncompliance with these wastewater regulations, any other permit, or other lawful requirement, the DPW shall promptly inform the owner or user to whom such action is addressed.
(b) 
Such notice shall be sent first-class mail return receipt requested and shall inform the addressee of their right to submit, within 14 days after the date of such notice, a written request for reconsideration of the DPW's action. A request for reconsideration shall be addressed to the Director and shall set forth in detail the facts supporting it. Such a request shall not have any effect to stay or delay the DPW's action, unless the Director provides otherwise in writing mailed to the entity making the request.
(c) 
Upon receiving a timely request for reconsideration, the Director shall schedule a conference with the entity making the request. Written notice of the conference date, time, and place shall be mailed to that entity at least 10 days before the date of the conference, which shall be held no later than 21 days after receipt of the request. The Director shall rule in writing on the request for reconsideration within 14 days after completion of the conference. The Director's decision shall be final.
(2) 
Immediate enforcement action. Where required or permitted by federal or state law, the conditions of its NPDES permit, or directives or orders of the EPA, DEP, or MWRA, the DPW may take immediate enforcement action, notwithstanding the request for reconsideration. Nothing in this section requires exhaustion of any administrative process before resort to judicial remedies or the imposition of any civil fine.
G. 
Termination of service. Notwithstanding any other provision of these wastewater regulations, whenever the DPW finds that a condition presents or reasonably appears to present an imminent endangerment to the health or welfare of persons or to the environment, or threatens to interfere with the operation of the public sewer system, the DPW may take steps immediately and effectively to halt or prevent such a condition. Steps may include disconnecting the person from the public sewer system. Nonpayment of bills may result in termination of water and sewer service by the City.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment that is part of Framingham's water and wastewater facilities. Any person who violates this section will be subject to fines, in addition to the repayment of all associated repair costs.