The Town Board is hereby empowered to enter into consent orders,
assurances of voluntary compliance, or other similar documents establishing
an agreement with the user responsible for the noncompliance. Such
orders shall include specific action to be taken by the user to correct
the noncompliance within a time period also specified by the order.
Consent orders shall have the same force and effect as an administrative
order.
Whenever a user has violated or continues to violate the provisions
of this chapter or an order or permit issued hereunder, water service
to the user may be severed and service will only recommence, at the
user's expense, after it has satisfactorily demonstrated its
ability to comply. The user may, within 15 calendar days of severance,
petition the Superintendent to reconnect water supply service. Such
petition shall be in written form and shall be transmitted to the
Superintendent by registered mail. The Superintendent shall then:
A. Reject any frivolous petitions;
B. Reconnect the water supply; or
C. Order the petitioner to show cause and may as part of the show cause
notice request the user to supply additional information.
In the event the Superintendent issues any administrative order,
terminates the user's permit, or makes any fine as set forth
in this article and the user fails, within the designated period of
time set forth, to petition the Superintendent, as provided in appropriate
sections of this article, the user shall be deemed in default and
its rights to contest the administrative order or fine shall be deemed
waived.
The notices, orders, petitions, or other notification which
the user or Superintendent shall desire or be required to give pursuant
to any sections of this chapter shall be in writing and shall be served
personally or sent by certified mail or registered mail, return receipt
requested, postage prepaid, and the notice, order, petition, or other
communication shall be deemed given upon its mailing as provided herein.
Any notice, administrative order, or communication mailed to the user
pursuant to the sections of this chapter shall be mailed to the user
where the user's effluent is discharged into transmission lines
to the Town of Tuxedo's Town wastewater treatment plant. Any
notice, petition, or other communication mailed to the Superintendent
shall be addressed and mailed to the Town of Tuxedo Hall of the Town
of Tuxedo.
The Superintendent shall have the right, within the Superintendent's
sole discretion, to utilize any one or more appropriate administrative
remedies set forth in this article. The Superintendent may utilize
more than one administrative remedy established pursuant to this article,
and the Superintendent may hold one show cause hearing combining more
than one enforcement action.