When the city and/or the Massachusetts Water Resources Authority finds that any person is, or threatens to be, in violation of this chapter or the provisions of a permit issued under this chapter, the following actions may be taken (not exclusive of other remedies):
A. 
The city and/or the Massachusetts Water Resources Authority may issue an order to cease and desist any violation, or prevent any threatened violation, to any person not complying, or threatening not to comply, with this chapter, and direct such person as follows:
1. 
To comply forthwith;
2. 
To comply in accordance with a time schedule set forth by the department of public works and/or the Massachusetts Water Resources Authority; or
3. 
To take appropriate remedial preventive action in the event of a threatened violation;
B. 
The city and/or the Massachusetts Water Resources Authority may require a user to submit a detailed time schedule setting forth specific actions to be taken as the city and/or the Massachusetts Water Resources Authority deem necessary for the user to follow in order to prevent or correct a violation. The city and/or the Massachusetts Water Resources Authority may issue an implementation schedule to the user containing such specific actions and time schedule.
C. 
Should a recipient of an order under this section fail to undertake the remedial action by the deadline ordered, the city may, at its option, undertake such work, and expenses thereof, including attorney's fees, shall be recoverable by the city in an action of contract in a court of competent jurisdiction, up to the amount of the total penalty that could have been imposed for the violation.
(C.O. 83-52 § 60 (Art. VI § 1); C.O. 86-23 § 8 (part); C.O. 13-046, § 12, 2/11/2013)
Any person who violates this chapter or any permit, notice or order issued hereunder, or any user who knowingly makes any false statement, representation, record, report, plan or other document filed with the department of public works or the Massachusetts Water Resources Authority, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter, may be punished by a fine of not more than fifty dollars for each day such violation continues, or may be subject to a civil penalty not to exceed five thousand dollars per day of such violation, each of which may be assessed in action brought on behalf of the city in any court of competent jurisdiction. As an alternative to criminal prosecution for imposition of a fine, the city may elect to utilize the non-criminal disposition procedure set forth in Chapter 1.12. The city officers authorized to utilize the non-criminal disposition procedure to enforce this chapter are employees of the department of public works, the health agent and code enforcement officers, the building inspector, the plumbing inspector, the city engineer, and any other city officers duly authorized by the superintendent of public works.
(C.O. 83-52 § 60 (Art. VI § 2); C.O. 86-23 § 8 (part); C.O. 13-046, § 13, 2/11/2013)
Any person violating any of the provisions of this chapter shall become liable to the city or the Massachusetts Water Resources Authority for any expense, loss or damage suffered by the city or the Massachusetts Water Resources Authority by reason of such offense.
(C.O. 83-52 § 60 (Art. VI § 3); C.O. 86-23 § 8 (part); C.O. 13-046, § 8, 2/11/2013)
In addition to all other penalties, fines and liabilities imposed by this chapter, violators shall also be subject to all fines, penalties and liabilities imposed by the Massachusetts Water Resources Authority and all other state and federal agencies having jurisdiction.
(C.O. 83-52 § 60 (Art. VI § 4); C.O. 86-23 § 8 (part); C.O. 13-046, § 9, 2/11/2013)
If a person violates the provisions of this chapter of a permit, notice or order issued hereunder, the city may seek injunctive relief in superior court restraining the person from activities which would create further violations or compelling the person to abate or remedy the violation. Such remedy is not exclusive of other remedies that may be pursued by the city or the Massachusetts Water Resources Authority.
(C.O. 13-046, § 10, 2/11/2013)
In the implementation and enforcement of this chapter, the following provisions shall be observed:
A. 
Whenever the department of public works issues, denies or modifies a permit; issues an order; or assesses charges under Section 13.08.635 or 13.08.645, the department of public works shall inform the person to whom such action is addressed of the person's right to submit, within ten working days, a written request for reconsideration of that action. The request shall set forth in detail the facts supporting it. The department of public works shall attempt to schedule an informal interview with the person submitting the request, to be held within fifteen days of receiving it, and shall rule in writing on the request within ten working days of the completion of the interview. If the department of public works is, after reasonable attempts, unable to schedule an interview with the person submitting the request, or if that person fails to appear for the scheduled interview, the department of public works shall rule on the request within twenty-five days of receiving the request.
B. 
When the department of public works proposes to revoke a permit, the department of public works shall notify the user in writing of such proposed ruling and of his or her right to submit, within ten days, a written request for reconsideration of that ruling. The request shall set forth in detail the facts supporting it. The department of public works shall schedule in informal conference with the user submitting the request, to be held within fifteen working days of receiving it, and shall rule in writing on the request within ten working days of the completion of the conference. If the department of public works is, after reasonable attempts, unable to schedule a conference with the user, or if the user of user's representative fails to appear for the scheduled conference, the department of public works shall rule on the request within twenty-five days of receiving the request.
C. 
A ruling by the department of public works under subsection A or B of this section is final. Appeal may be made to a court of competent jurisdiction.
D. 
Notwithstanding any other provisions of these regulations, upon determination by the department of public works that a discharge or a violation of these regulations appears to present an imminent danger to health, public welfare or the environment or threatens to interfere with the operations of the city's sewer system, the department may, after informal notice to the user or violator, issue an emergency order to immediately suspend the discharge or cease the violation. Any user receiving such an emergency order shall comply. Should the user fail to act, the city may take action to halt or prevent the discharge or violation, including, without limitation, taking steps to disconnect the user or bringing a civil action for injunctive relief.
E. 
Enforcement and permit revocation actions taken by the Massachusetts Water Resources Authority under this chapter shall be governed by the provisions of 360 CMR 2.00. The Massachusetts Water Resources Authority reserves the right to take direct enforcement action through the courts, pursuant to Section 8A, Chapter 92, General Laws, in any case of violation of this chapter.
(C.O. 83-52 § 60 (Art. VI § 5); C.O. 86-23 § 8 (part); C.O. 13-046, § 11, 2/11/2013)