[Added 9-12-1984]
A. 
Any person found to be violating any provision of this chapter shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Any such person is entitled to a hearing on the question of whether there is violation of this chapter, which hearing will be held by the Town Board of the Town of Newfane or any officer or employee of said Town designated by the Town Board, who shall be empowered to:
(1) 
Issue in the name of the Town of Newfane notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(2) 
Take the evidence;
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Town Board for action thereon.
B. 
At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
C. 
After the Town Board has reviewed the evidence, it may issue an order to the user 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 on existing treatment facilities and devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
[Amended 3-14-1990]
A. 
Any person who shall continue any violation beyond the time limit provided for in § 196-10.1 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $1,000 or by imprisonment in the county jail for not more than 90 days, or by both such fine and imprisonment, at the discretion of the court, for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
B. 
Any person violating any of the provisions of this chapter shall become liable to the Town by reason of such violation.
C. 
The Town is also authorized to apply to the Supreme Court of New York State for a permanent injunction to restrain any violation of this chapter.
[Added 9-12-1984]
Those Class II and Class III industries, in the event the flow volume and/or BOD loading limitations established by contract or agreement as required in § 196-11.2B and C are exceeded, shall pay additional user charges as follows:
A. 
Flow volume: a rate three times the current user charge rate for each 1,000 gallons in excess of the established limitation. The current rate shall be that in Article XI of this chapter.
B. 
BOD loading: a rate three times the current user charge rate for each pound of BOD in excess of the established limitation. The current rate shall be that in Article XI of this chapter.