If any person shall construct, install, alter or repair any
sewer, building drain, building sewer or connection to any public
sewer of the Town in violation of the requirements of these rules
and regulations, or, having obtained a permit as provided in these
rules and regulations, shall construct, install, alter or repair any
sewer, building drain, building sewer or connection thereto without
having given the Water Pollution Control Authority or its agent adequate
notice, time, opportunity and assistance, during regular working hours,
to inspect such sewer, connection and the work and materials used
thereon, said Water Pollution Control Authority or its agent shall
order or direct the person who constructed, installed, altered or
repaired such sewer, etc., and/or the owner of any property in which
such sewer, etc., may be located or which may be served thereby, or
in whose interest and employ said work was done, to uncover and fully
expose any or all portions of such sewer, etc., and afford said Water
Pollution Control Authority or its agent adequate opportunity to examine
and inspect such sewer, etc., and to secure such records thereof as
may be proper. If such sewer, etc., and the 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 said Water Pollution Control Authority or its agent shall order
and direct such person, owner or lessee to make such changes in or
additions to or remove portions of appurtenances of such sewer, etc.,
as may be necessary to ensure that such sewer, etc., will conform
to the requirements of these rules and regulations and of the standards
established under its provisions. All of such work shall be performed
by said person, owner or lessee without delay and without expense
to the Town.
If any person, after proper order or direction from the Water
Pollution Control Authority or its agent, fails to take the remedial
steps or perform the acts required by these rules and regulations
or fails thereafter to use, operate and maintain any connection with
the public sewers of the Town or appurtenances thereof as required
by these rules and regulations, the Water Pollution Control Authority
or its agent and/or facilities, as it may choose, may disconnect the
sewer, etc., which was wrongfully connected, altered, repaired or
used or through which improper wastes were discharged into the public
sewer system of the Town. All expenses incurred in disconnecting the
sewer are to be charged to the owner and paid before reconnecting
said sewer. A new application must be filed with the Authority for
reconnecting the discontinued sewer.
Any person who willfully breaks, damages, destroys or injures
any structure, appurtenance or equipment which is a part of the municipal
sewage works shall be subject to the penalties imposed under Section
53a-116 of the Connecticut General Statutes (Revision of 1958), as
amended.
A.
The Water Pollution Control Authority, its agent and other duly authorized
representatives of the Town bearing proper credentials and identification
shall be permitted to enter all properties for the purpose of inspection,
observations, measurement, sampling and testing in accordance with
the provisions of these rules and regulations. The Water Pollution
Control Authority, its agent and other duly authorized representatives
of the Town shall have no authority to inquire into any processes,
including metallurgical, chemical, oil, refining, ceramic, paper or
other industries, beyond such inquiry as is necessary or appropriate
to make a proper determination as to the kind, quality, quantity,
source and constituent elements and/or attributes of a discharge or
proposed discharge to the sewers or waterways or facilities for waste
treatment.
B.
The Water Pollution Control Authority, its agent and other duly authorized
representatives of the Town bearing proper credentials and identification
shall be permitted to enter all private properties through which the
Town holds a duly negotiated easement for the purpose of, but not
limited to, inspection, observation, measurement, sampling, repair
and maintenance of any portion of the sewage works, if any, on said
easement. All entry and subsequent work, if any, on said easement,
shall be done in full accordance with the terms of the duly negotiated
easement pertaining to the private property involved.
A.
Any person who shall violate any provisions of these rules and regulations, except § 130-45, shall be served by the Water Pollution Control Authority with a written notice stating the nature of the violation and providing a time limit for the satisfactory correction thereof. Such written notice shall include information about the right to petition as noted in Subsection D below. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B.
A violation of any provision of these rules and regulations shall
be an infraction as provided for in Connecticut General Statutes Sections
51-164m and 51-164n. Pursuant to Connecticut General Statutes Section
51-164p, any such violation shall be punishable by a fine of not more
than $90 for each offense. Each day that such offense is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.
C.
Any person committing a violation of any of the provisions of these
rules and regulations shall be liable to the Town for any expense,
loss or damage occasioned the Town by reason of such violation.
D.
The person to whom any written notice is served by the Water Pollution
Control Authority may petition for a hearing before the Water Pollution
Control Authority by filing within three days (excluding Saturdays,
Sundays and legal holidays) after the day the written notice was served
or given. Said petition shall be filed in the office of the Water
Pollution Control Authority. Upon receipt of such petition, the Water
Pollution Control Authority shall set a time and place for such hearing
and shall inform the petitioner thereof in writing.
(1)
The hearing shall be commenced not later than five days after the
day on which the written request was filed and shall be concluded
within five days thereafter, provided that upon application of the
petitioner, the said Authority may postpone the date of the hearing
for a reasonable time beyond the five-day period.
(2)
At the hearing, the petitioner shall be given an opportunity to be
heard and to show any order or decision set forth in the written notice
of the Water Pollution Control Authority should be modified or withdrawn.
(3)
After the hearing, the Water Pollution Control Authority shall sustain, modify or withdraw its order or decision and shall inform the petitioner, in writing, of its decision within three days after the conclusion of the hearing. If a petition for hearing is not filed in the office of the Water Pollution Control Authority within three days (excluding Saturdays, Sundays and legal holidays) after written notice as provided in Subsection A hereof has been issued, or if after the hearing the order has been sustained in any part, each day's failure to comply with the order as issued or modified shall constitute an additional offense.
