The City may suspend the wastewater treatment service and/or a user permit when such suspension is necessary, in the opinion of the Town, 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 humans, to the environment, causes interference to the treatment facilities or causes the Town to violate any condition of its VPDES permit.
Any person notified of a suspension of the wastewater treatment service and/or the user 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 Town shall take such steps as deemed necessary, including immediate severance of the sewer connection and/or the seeking of legal and equitable relief in the circuit court, to prevent or minimize damage to the wastewater treatment facilities or endangerment to any individuals. The Town shall reinstate the user 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 Town within 15 days of the date of occurrence.
Any user who violates the following conditions of this chapter, or applicable state and federal regulations, is subject to having his permit revoked in accordance with the procedures of Article IX of this chapter:
Failure of a user to factually report the wastewater constituents and characteristics of his discharge;
Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
Violation of conditions of the permit.
Whenever the Town finds that any user has violated or is violating this chapter, a user permit, or any prohibition or limitation of requirements contained herein, the Town 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 Town by the user.
The Town may order any user who causes or allows an unauthorized discharge to show cause why the proposed enforcement action should not be taken. Such hearings shall be preceded by a notice being served on the user specifying the time and place of the hearing, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause why the proposed enforcement action should not be taken. 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 a corporation.
The manager may conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the assigned department to:
Issue in the name of the manager notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
Take the evidence;
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the manager for action thereon.
At any hearing held pursuant to this chapter, 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 transcript costs.
After the manager has reviewed the evidence, he 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 and 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 the Town's treatment works contrary to the provisions of this chapter, applicable federal or state pretreatment requirements, or any order of the Town or if any industrial user refuses access to the manager or his designee for purposes of inspection, the Town Attorney may commence an action for appropriate legal and/or equitable relief in the Circuit Court.
Any person or user that violates the provisions of this chapter or a user/discharge permit hereunder shall be subject to a penalty of $1,000 per day and/or shall, upon conviction, be guilty of a Class II misdemeanor for each day the violation continues.
Each day, or portion thereof, a violation continues shall constitute a separate violation.
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or user permit, or who falsifies any monitoring device or method required under this chapter, shall, upon conviction, be guilty of a Class I misdemeanor.