[1]
Editor's Note: This ordinance also amended the title of this
article, which was formerly Penalties.
A.
Any person who violates any provision of this chapter, and the orders,
rules, and regulations of this chapter shall, in addition to all other
remedies available to the Town under this chapter or available by
law, be guilty of a municipal infraction and be subject to a fine
of $150 for each day in which the violation exists. Each day that
a violation exists shall be considered a separate violation subject
to fine. In addition to the penalties provided in this section, in
any litigation arising from the issuance of fines pursuant to this
chapter, the Town may recover reasonable attorneys' fees and
other costs of litigation against any person found to have violated
this chapter or the orders, rules, regulations, and permits issued
hereunder.
B.
Any person violating any of the provisions of this chapter shall
become liable to the Town for any expense, loss or damage occasioned
by the Town by reason of such violation.
C.
Any person who knowingly makes any false statements, representation
or certification in any application, record, report, plan or other
document required to be maintained pursuant to this chapter or industrial
waste permit, or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required under this chapter
shall, upon conviction, be punished by a fine of not more than $1,000
or by imprisonment for not more than six months, or by both.
D.
Violations of this chapter shall be a matter of public record and
open to public review and reproduction upon request. In addition,
the Town may in its discretion publish information pertaining to any
violations of this chapter in any newspaper of general circulation
within the Town and/or on the Town's website.
A.
Suspension of treatment. The Town may suspend the wastewater treatment
service, suspend a wastewater discharge permit or cut off the sewer
connection, when such suspension or cutoff is necessary, in the opinion
of the Town, in order to stop an actual or threatened discharge which:
(1)
Presents or may present an imminent or substantial danger to
the health or welfare of persons;
(2)
Presents or may present an imminent or substantial danger to
the environment;
(3)
May cause or actually causes interference to the WWTP; or
(4)
Causes the WWTP to violate any condition of its state discharge
permit or county, state, or federal laws or regulations.
B.
Reinstatement of service. The Town may reinstate the wastewater discharge
permit or the wastewater treatment service upon proof of the elimination
of the noncomplying discharge.
C.
In the event of a suspension or cutoff under this section, within
15 days the user shall submit a written report describing the event
that caused the suspension and the measures taken to prevent any recurrence.
D.
Suspension of water service. Should the Town be unable to suspend
wastewater treatment service, suspend a wastewater discharge permit
or cut off the sewer connection, the Town may suspend water service
until proof of the elimination of the noncomplying discharge is submitted
to the Town.
E.
Issuance of notice or order. After or concurrently with service of
a notice of violation under this chapter, the Town may:
F.
Hearings.
(1)
A person or entity that has been issued an order pursuant to
this section shall have a right to a hearing before the Town Council
upon written request served upon the Town Clerk within 10 days after
being served with the order.
(2)
A hearing requested pursuant to this subsection shall be informal,
and the formal rules of evidence shall not apply.
(3)
At the hearing, the Town shall bear the burden of proof by a
preponderance of the evidence that there has been a violation of this
chapter.
(4)
The Town Council shall have the power to affirm, overturn or
modify an order issued pursuant to this section.
G.
Finality of orders.
(1)
Unless the person served with an order makes a timely request
for a hearing, the order shall become final.
(2)
If the person served with an order under this chapter makes
a timely request for a hearing, the order shall become a final corrective
order if the Town Council affirms the issuance of the order in its
decision following the hearing, as amended.
H.
Other action permitted.
(1)
This section does not prevent the Town from taking any other
action against a violator that the law permits.
(2)
The Town may bring an action for injunctive relief against any
person who violates any provision of this chapter or any rule, regulation,
order, or permit adopted or issued under this chapter.
(3)
In any action for injunctive relief under this section, findings of fact by the Town Council as a result of any hearing that takes place pursuant to Subsection F above shall be prima facie evidence as to each such fact.
(4)
On a showing that any person is violating or is about to violate
this chapter or any rule, regulation, or order of the Town, the court
may grant an injunction without requiring a showing of a lack of an
adequate remedy at law.
(5)
If an emergency arises due to imminent danger to the public
health or welfare, or imminent danger to the environment, the Town
may seek an immediate injunction or ex parte temporary restraining
order to stop any pollution or other activity that is causing the
danger or to take other corrective action.
(6)
If any person discharges sewage, industrial wastes or other
wastes into the Town's wastewater disposal system contrary to
the provisions of this chapter, federal or state pretreatment requirements,
or any order of the Town, the Town may commence an action for appropriate
legal and/or equitable relief in the appropriate court.
(7)
In any proceeding pursuant to this chapter, including any hearing
before the Town Council, in which the Town prevails, the Town shall
be entitled to seek reimbursement of attorneys' fees and costs
of litigation against any party who is found to be in violation of
this chapter.
[Amended 2-1-2016 by Ord.
No. 2016-2]
The Mayor or his designee may grant a variance or exemption
from the requirements of this chapter if the applicant submits a written
request setting forth the reasons for such request and any supporting
documentation, including reports of experts. The written application
shall first be submitted to the Town's Water and Sewer Commission
for a recommendation to the Mayor or his designee. In order to receive
a variance or exemption, the applicant must establish to the satisfaction
of the Mayor or his designee by a preponderance of the evidence that:
A.
The strict enforcement of the provision of this chapter from which
a variance is sought would be manifestly unjust, considering all the
relevant facts and circumstances; and
B.
A level of protection to the Town sanitary sewer system at least
equivalent to that provided under this regulation can be achieved
without strict application of the provision from which a variance
is sought.
