A.
The Sewer Commission may suspend the wastewater treatment
service and/or a wastewater contribution permit when such suspension
is necessary, in the opinion of the Sewer Commission in order to stop
an actual or threatened discharge which presents or may present an
imminent or substantial endangerment to the health or welfare of persons,
to the environment, causes interference to the PSTW or causes the
Town of Barre to violate any condition of the NPDES permit.
B.
Any person notified of a suspension of the wastewater
treatment service and/or the wastewater contribution permit shall
immediately stop or eliminate the contribution. In the event of a
failure of the person to comply voluntarily with the suspension order,
the Sewer Commission may take such steps as deemed necessary, including
immediate severance of the sewer connection, to prevent or minimize
damage to the PSTW system or endangerment to any individuals. The
Sewer Commission may reinstate the wastewater contribution permit
and/or the wastewater treatment service upon proof of the elimination
of the noncomplying discharge. A detailed written statement submitted
by the user describing the causes of the harmful contribution and
the measures taken to prevent any future occurrence shall be submitted
to the Sewer Commission within 15 days of the date of occurrence.
Any user who violates the following conditions of these rules and regulations, or applicable commonwealth or federal regulations, is subject to having his permit revoked in accordance with the procedures of Article VII of these rules and regulations:
A.
Failure of a user to factually report the wastewater
constituents and characteristics of his 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.
D.
Violation of conditions of the permit.
Whenever the Sewer Commission finds that any
user has violated or is violating these rules and regulations, wastewater
contribution permit, or any prohibition, limitation of requirements
contained herein, the Sewer Commission may serve upon such person
a written notice stating the nature of the violation. Within 30 days
of the date of the notice, a plan for the satisfactory correction
thereof shall be submitted to the Sewer Commission by the user.
A.
The Sewer Commission may order the user who causes
or allows an unauthorized discharge to enter the PSTW to show cause
before the Sewer Commission and reason 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 Sewer Commission
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 Sewer Commission why the proposed enforcement action should
not be taken. The notice of the hearing shall be served 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 a corporation.
B.
The Sewer Commission may conduct the hearing and take
the evidence, or may designate any of its members or any officer or
employee to:
(1)
Issue in the name of the Sewer Commission notices
of hearing requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in such
hearings;
(2)
Take the evidence; or
(3)
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations for
action thereon.
C.
After the Sewer Commission 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
have been installed or existing treatment facilities, devices or other
related appurtenances are properly operated. Further orders and directives
as are necessary and appropriate may be issued.
If any person discharges sewage, industrial
wastes or other wastes into PSTW contrary to the provisions of these
rules and regulations, federal or commonwealth pretreatment requirements,
or any order of the Sewer Commission, the Town Counsel may commence
an action for appropriate legal and/or equitable relief.
