[Amended 5-17-1988; 7-12-1988]
A. 
Any person found to be violating any provision of this Part 2 may be served by the Utility with written notice stating the nature of the violation. Liability is attached immediately to the person found violating any section of this Part 2 or its industrial user discharge permit. All violations of these documents will be subject to enforcement actions.
[Amended 5-31-1994]
B. 
Any person found to be violating any provision of this Part 2 may be subject to a civil penalty and, if found liable for the violation, shall be subject to a civil penalty and upon conviction shall be fined up to $5,000 a day for each violation back to the first day of the violation in accordance with MGL c. 83, § 10, as amended by Chapter 174, Section 7, of the Acts of 1987. Civil action under this subsection shall be instituted by the City Solicitor's office.
[Amended 8-13-1991; 5-31-1994]
C. 
Any person found to be violating any provision of this Part 2 or any provision of a discharge permit shall be liable for the maximum penalty provided under the Massachusetts General Laws for each violation back to the first day of said violation.
[Amended 8-13-1991]
D. 
Any person violating any of the provisions of this Part 2 shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.
A. 
The City may order any user which causes or allows an unauthorized discharge to enter the POTW to show cause before the City Council why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the City Council regarding the violation, the reasons why the action is to be taken, and the proposed enforcement action and directing the user to show cause before the City Council why the proposed enforcement action should not be taken.
B. 
The notice of the hearing shall be served personally or by registered or certified mail at least 10 days before the hearing. Service may be made on any agent or officer of a corporation.
C. 
The City Council may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the assigned department to:
(1) 
Issue in the name of the City Council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing.
(2) 
Take the evidence.
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the City Council for action thereon.
D. 
At any hearing held pursuant to this Part 2, 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.
E. 
After the City Council 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, devices or other related appurtenances and are properly operated. Further orders and directives as are necessary and appropriate may be issued.
[Amended 5-31-1994]
If any person discharges sewage, industrial wastes, or other wastes into the City's POTW contrary to the provisions of this Part 2, federal or state pretreatment requirements, the industrial discharge permit or any order of the City, the City Council may commence an action for appropriate legal and/or equitable relief in the appropriate court(s) of this county.
Any rules and regulations consistent with this Part 2 (Ordinance Number 1-1987) may be adopted and/or amended by the Executive Director in conformance with MGL c. 83, § 10 after due notice published once a week for three consecutive weeks in a newspaper available to inhabitants of the City.