Whenever the Superintendent finds that any user has violated or is violating
this chapter, or any wastewater discharge permit, order, prohibition, limitation,
or requirement permitted by this chapter, the Superintendent may serve upon
such person a written notice stating the nature of the violation. Within 10
calendar days of the date the Superintendent mails the notice, an explanation
of the violation and a plan for the satisfactory correction and prevention
thereof shall be submitted to the Superintendent by the user. The correction
and prevention plan shall include specific actions. Submission of this plan
in no way relieves the user of liability for any violations caused by the
user before or after receipt of the notice of violation.
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.
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's POTW. Any notice, petition, or other
communication mailed to the Superintendent shall be addressed and mailed to
the Town Hall of the Town.
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.