[Amended 4-16-1996]
When the Authority finds that a user has violated,
or continues to violate, any provision of this ordinance, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, the Authority may serve upon that user a
written notice of violation. Within the time frame specified in this
notice, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof, to include specific required actions,
shall be submitted by the user to the Authority. Submission of this
plan in no way relieves the user of liability for any violations occurring
before or after receipt of the notice of violation. Nothing in this
section shall limit the powers of the Authority to take any action,
including emergency actions or any other enforcement action, without
first issuing a notice of violation.
If any person shall construct, install, alter, or repair any sewer or connection to any public sewer in violation of the requirements of these rules and regulations, the Authority may, in its discretion, order or direct such person to uncover and fully expose any or all portions of such sewer or connection and afford the Authority and its representatives adequate opportunity for examination and inspection of the work. If the sewer or connection and appurtenances thereof shall be found not to be in full accord with the requirements of these rules and regulations and the standards established under its provisions, then the authority may serve the offender with a written notice as provided in Article VIII, § A361-61, and the offender may be fined or otherwise penalized pursuant to Article VIII, § A361-63.
Any person violating any of the provisions of
these rules and regulations shall become liable to the Town for any
expense, loss, or damage occasioned the Town by reason of such violation,
so that if the Superintendent shall have caused the disconnection
of a sewer service line or drain from the public sewer system, the
Town may collect the cost of making such disconnection from any person
responsible for, or willfully concerned in, or who profited by such
violation of the requirements of these rules and regulations, and
may thereafter refuse to permit the restoration of the former connection
or of any new connection to the property concerned in the violation
of these rules and regulations until the claim of the Town, for the
cost of making such disconnection, shall have been paid in full plus
interest and the reasonable overhead of any legal expenses incurred
by the Town in connection therewith.
A.
The Authority may suspend a permit when suspension
is necessary in order to stop a discharge which presents an imminent
hazard to the public health, safety or welfare, to the local environment,
or to any portion of the facility.
B.
Any user notified of a suspension of its permit shall
immediately cease discharge of all industrial wastewater into the
facility. In the event of a failure of a user to comply voluntarily
with the suspension order, the Authority shall take such steps as
are reasonably necessary to ensure compliance.
A.
Any suspended user may apply for a reinstatement of
its permit by submitting to the Superintendent a written statement
describing the causes of the harmful contribution and the measures
taken to prevent any future occurrence. Said written application shall
be submitted to the Superintendent within 15 days of the date of the
suspension.
B.
A request for reinstatement shall not stay the suspension
by the Authority.
C.
The permit may be reinstated by the Authority upon
such terms and conditions as may be required if a reinspection by
Authority personnel reveals that the effluent is again in full compliance
with the terms and conditions of the permit.
Violation of any of the following conditions
may result in the revocation of a wastewater discharge permit:
A.
Failure of the user to accurately and fully report
the wastewater volume, constituents, and characteristics of its discharge;
B.
Failure of the user to report significant changes
in wastewater volume, constituents, or characteristics;
C.
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring;
D.
Failure to pay any and all costs;
E.
Failure to adhere to an approved compliance schedule;
F.
Failure to comply with administrative orders or settlement
agreements;
G.
Violation of any condition of the permit or of any
of the then-current rules and regulations or discharge prohibitions;
H.
Failure to correct causes leading to the suspension
of the permit.
Before any further discharge of industrial wastewater
may be made by a user whose permit has been revoked, the user must
apply for, and be granted, a reinstatement of the terminated permit,
or a new permit, as the Authority may require, and pay all delinquent
fees, charges and costs occasioned by the violation. Costs shall include
all expenses, including general and administrative expenses, incurred
by the Authority in revoking the permit and disconnecting the user
from the facility, and those incurred due to the violation as provided
above. This shall be paid for by the user before any new permit will
be issued. When all costs cannot be readily determined the Authority
may require and accept a deposit which it considers sufficient and
which will be subject to appropriate adjustment after all costs have
been determined.
A.
The Authority shall not terminate service to a user or revoke a permit without first delivering to the user written notice of the proposed action of termination or revocation or both. The notice shall state the reason or reasons for said termination or revocation, and shall allow a reasonable time, as determined by the Authority or Superintendent, for the user to take such action as is necessary for compliance with those rules and regulations and its discharge permit. Users so notified may apply for reinstatement in accordance with the provisions of Article VIII, § A361-64.1, above. Nothing contained herein is intended to deter, hinder or stop the Authority from taking immediate action to suspend or terminate service to a user when there is imminent hazard to the public health, safety or welfare, to the environment, or to any portion of the facility.
B.
When there has been failure within a reasonable time
to comply after notice has been sent, the Superintendent may order
said user to show cause before the Authority why the proposed enforcement
action should not be taken. A further notice shall be served upon
the user in writing, specifying the time and place for a hearing to
be held by the Authority regarding the violation, the reasons why
the action is to be taken, the proposed enforcement action and directing
the user to show cause before the Authority why the proposed enforcement
action should not be taken.
C.
The notice of the hearing shall be served personally
or by registered or certified mail (return receipt requested) at least
10 days before the hearing. Service may be made on any agent or officer
of the user, if a corporation.
D.
The Authority, acting through its legal office, shall
itself conduct the hearing and take evidence, and may:
The Superintendent may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Article VIII of this ordinance and shall be judicially enforceable.
The Superintendent may order a user which has
violated, or continues to violate, any provision of this ordinance,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirement, to appear before the Superintendent
and show cause why the proposed enforcement action should not be taken.
Notice shall be served on the user specifying the time and place for
the meeting, the proposed enforcement action, the reasons for such
action, and a request that the user show cause why the proposed enforcement
action should not be taken. The notice of the meeting shall be served
personally or by registered or certified mail (return receipt requested)
at least 10 days prior to the hearing. Such notice may be served on
any authorized representative of the user. A show cause hearing shall
not be a bar against, or prerequisite for, taking any other action
against the user.
When the Superintendent finds that a user has
violated, or continues to violate, any provision of this ordinance,
a wastewater discharge permit or order issued hereunder, or any other
pretreatment standard or requirements, the Superintendent may issue
an order to the user responsible for the discharge directing that
the user come into compliance within a specified time. If the user
does not come into compliance within the time provided, sewer service
may be discontinued unless adequate treatment facilities, devices,
or other related appurtenances are installed and properly operated.
Compliance orders also may contain other requirements to address the
noncompliance, including additional self-monitoring and management
practices designed to minimize the amount of pollutants discharged
to the sewer. A compliance order may not extend the deadline for compliance
established for a pretreatment standard or requirement, nor does a
compliance order relieve the user of liability for any violation,
including any continuing violation. Issuance of a compliance order
shall not be a bar against, or a prerequisite for, taking any other
action against the user.
A.
When the Superintendent finds that a user has violated,
or continues to violate, any provision of this ordinance, a wastewater
discharge permit or order issued hereunder, or any other pretreatment
standard or requirement, or that the user's past violations are likely
to recur, the Superintendent may issue an order to the user directing
it to cease and desist all such violations and directing the user
to:
B.
Issuance of a cease and desist order shall not be
a bar against, or a prerequisite for, taking any other action against
the user.
[Amended 2-18-2010 by Ord. No. 2010-05]
A.
When
the Superintendent finds that a user has violated, or continues to
violate, any provision of this ordinance, a wastewater discharge permit
or order issued hereunder, or any other pretreatment standard or requirement,
the Superintendent may fine such user in an amount not to exceed $25,000.
Such fines shall be assessed on a per-violation, per-day basis. In
the case of monthly or other long-term average discharge limits, fines
shall be assessed for each day during the period of violation.
B.
Unpaid
charges, fines, and penalties shall, after 30 calendar days, be assessed
an additional penalty of 10% of the unpaid balance, and interest shall
accrue thereafter at a rate of 1.5% per month. A lien against the
user's property will be sought for unpaid charges, fines, and penalties.
When the Superintendent finds that a user has
violated, or continues to violate, any provision of this ordinance,
a wastewater discharge permit, or order issued hereunder, or any other
pretreatment standard or requirement, the Superintendent may petition
the Providence Superior Court through the Town's attorney for the
issuance of a temporary or permanent injunction, as appropriate, which
restrains or compels the specific performance of the wastewater discharge
permit, order, or other requirement imposed by this ordinance on activities
of the user. The Superintendent may also seek such other action as
is appropriate for legal and/or equitable relief, including a requirement
for the user to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against, or a prerequisite for,
taking any other action against a user.
A.
A user who has violated, or continues to violate,
any provision of this ordinance, a wastewater discharge permit or
order issued hereunder, or any other pretreatment standard or requirement,
shall be liable to the Town for a maximum civil penalty of $25,000
per violation, per day. In the case of a monthly or other long-term
average discharge limit, penalties shall accrue for each day during
the period of the violation.
B.
The Superintendent may recover reasonable attorneys'
fees, court costs, and other expenses associated with enforcement
activities, including sampling and monitoring expenses, and the cost
of any actual damages incurred by the Town.
C.
In determining the amount of civil liability, the
court shall take into account all relevant circumstances, including,
but not limited to, the extent of harm caused by the violation, the
magnitude and duration of the violation, any economic benefit gained
through the user's violation, corrective actions by the user, the
compliance history of the user, and any other factor as justice requires.
D.
Filing a suit for civil penalties shall not be a bar
against, or a prerequisite for, taking any other action against a
user.
A.
A user who willfully or negligently violates any provision
of this ordinance, a wastewater discharge permit or order issued hereunder,
or any other pretreatment standard or requirement shall, upon conviction,
be guilty of a misdemeanor, punishable by a fine of not more than
$25,000 per violation, per day, or imprisonment for not more than
30 days, or both.
B.
The user who willfully or negligently introduces any
substance into the POTW which causes personal injury or property damage
shall, upon conviction, be guilty of a misdemeanor and be subject
to a penalty of at least $25,000, or be subject to imprisonment for
not more than 30 days, or both. This penalty shall be in addition
to any other cause of action for personal injury or property damage
available under state law.
C.
A user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan or other
documentation filed, or required to be maintained, pursuant to this
ordinance, wastewater discharge permit, or order issued hereunder,
or who falsifies, tampers with or knowingly renders inaccurate any
monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not more than $25,000 per violation,
per day, or imprisonment for not more than 30 days, or both.
D.
In the event of a second conviction, a user shall
be punished by a fine of not more than $25,000 per violation, per
day, or imprisonment for not more than 30 days, or both.
The Superintendent may immediately suspend a
user's discharge, after informal notice to the user, whenever such
suspension is necessary to stop an actual or threatened discharge
which reasonably appears to present or cause an imminent or substantial
endangerment to the health or welfare of persons. The Superintendent
may also immediately suspend a user's discharge, after notice and
opportunity to respond, that threatens to interfere with the operation
of the POTW, or which presents, or may present, an endangerment to
the environment.
A.
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in § A361-64.14 of this Article VIII are initiated against the user.
B.
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Superintendent prior to the date of any show cause or termination hearing under Article VIII, §§ A361-64.6 or A361-64.14, respectively, of this ordinance. A lien against the user's property will be sought for unpaid charges, fines, and penalties.
C.
Users desiring to dispute such fines must file a written
request for the Superintendent to reconsider the fine along with full
payment of the fine amount within 30 days of being notified of the
fine. Where a request has merit, the Superintendent may convene a
hearing on the matter. In the event the user's appeal is successful,
the payment, together with any interest accruing thereto, shall be
returned to the user. The Superintendent may add the costs of preparing
administrative enforcement actions, such as notices and orders, to
the fine.
D.
Issuance of an administrative fine shall not be a
bar against, or a prerequisite for, taking any other action against
the user.
A.
In addition, to the provisions in § A361-55, of this ordinance, any user who violates the following conditions is subject to discharge termination:
(1)
Violation of wastewater discharge permit conditions;
(2)
Failure to accurately report the wastewater
constituents and characteristics of its discharge;
(3)
Failure to report significant changes in operations
or wastewater volume, constituents, and characteristics prior to discharge;
(4)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring, or sampling; or
B.
Such user will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under Article VIII, § A361-64.6, of this ordinance why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to, or a prerequisite for, taking any other action against the user.
The remedies provided for in this ordinance
are not exclusive. The Superintendent may take any, all, or any combination
of these actions against a noncompliant user. Enforcement of pretreatment
violations will generally be in accordance with the Town's enforcement
response plan. However, the Superintendent may take other action against
any user when the circumstances warrant. Further, the Superintendent
is empowered to take more than one enforcement action against any
noncompliant user.
