Any person found to be violating any provision of this chapter, except § 256-23, shall be served by the town with written notice stating the nature of the violation. A time limit for the satisfactory correction thereof may be granted before penalties are assessed, at the town's discretion. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person found to be violating any provision of this regulation or
any provision of a discharge permit shall be liable for a civil penalty of
up to $5,000 for each violation or the maximum provided under the Massachusetts
General Laws. Each day on which a violation shall occur or continue shall
be deemed a separate and distinct offense. In addition to the penalties provided
herein, the town may recover reasonable attorneys' fees, court costs,
court reporters' fees and other expenses of litigation by appropriate
suit at law against the person found to have violated these rules and regulations
or the orders, rules, regulations and permits issued hereunder.
Any person violating any of the provisions of this chapter shall become
liable to the town for any expense, loss, or damage occasioned the town by
reason of such violation.
Any industrial user who violates the following conditions of these rules and regulations or applicable state and federal regulations is subject to having its industrial wastewater discharge permit revoked in accordance with the procedures of § 256-51 of this article:
A.
Failure of a user to factually report the wastewater
constituents and characteristics of its discharge;
B.
Failure of the user to report significant changes in
operations or wastewater constituents and characteristics;
C.
Refusal of reasonable access to the user's premises
for the purpose of inspection or monitoring;
E.
Violation of conditions of the industrial wastewater
discharge permit.
The person to whom any written notice is served by the Board of Selectmen pursuant to § 256-47 may request a hearing before the Board of Selectmen by filing within three days (excluding Saturday, Sunday and legal holidays) after the day the written notice was served or given, in the office of the Board of Selectmen, a written letter requesting a hearing of the matter. Upon receipt of such request, the Board of Selectmen shall set a time and place for such hearing and shall inform the petitioner thereof, in writing.
A.
The hearing shall be commenced not later than five business
days after the day on which the written request was filed and shall be concluded
within five business days thereafter, provided that, upon application of the
petitioner, said Board may postpone the date of the hearing for a reasonable
time beyond the five-day period.
B.
At the hearing, the petitioner shall be given an opportunity
to be heard and to show why the order or decision of the Board of Selectmen
should be modified or withdrawn.
C.
After the hearing, the Board of Selectmen shall sustain,
modify or withdraw its order of decision and shall inform the petitioner,
in writing, of its decision within three business days after the conclusion
of the hearing.
D.
If a written letter for hearing is not filed in the office
of the Board of Selectmen within three days (excluding Saturdays, Sundays
and legal holidays) after an order, as provided in this article, has been
issued or if after 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.
A.
The town may suspend the wastewater treatment service
and/or an industrial wastewater discharge permit of an user when such suspension
is necessary, in the opinion of the Board of Selectmen, to stop an actual
or threatened discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons or to the environment, causes
interference to the POTW or causes the town to violate any condition of its
NPDES permit.
B.
Any user notified of a suspension of the wastewater treatment
service and/or the industrial wastewater discharge permit shall immediately
stop or eliminate the discharge. In the event of a failure of the user to
comply voluntarily with the suspension order, the town shall take such steps
as deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the POTW system or endangerment to individuals.
The town shall reinstate the industrial wastewater discharge permit and/or
the wastewater treatment service upon proof to the satisfaction of the Board
of Selectmen of the elimination of the noncomplying discharge.
If any person discharges sewage, industrial wastes or other wastes into
the town's wastewater disposal system contrary to the provisions of these
rules and regulations, federal or state pretreatment requirements or any order
of the town or commits any other violation thereof, the town's legal
counsel may commence an action for appropriate legal and/or equitable relief,
including injunctive relief, in the appropriate court.
