§ 53.05. Enforcement procedures.

(A)

Notification of violation. Whenever the Director or his or her authorized representative finds that any user has violated or is violating this chapter or any prohibition, limitation of requirement contained herein, he or she may serve upon such user a written notice stating the nature of the violation and providing a reasonable time, not to exceed 30 days, for the satisfactory correction thereof.

(B)

Violation. It shall be unlawful for any person to violate any provision of this chapter relating to the pretreatment, disposition or discharge or wastes; and each violation thereof, and each day on which there is a failure to comply with the terms of the provision shall be a distinct and separate offense and punishable as such.

(C)

Show cause hearing. If, after notice, a violation is not corrected by timely compliance, the Director may order any user who causes or allows an unauthorized discharge, to show cause before the Board of Commissioners, why service should not be terminated or penalties assessed. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the Board of Commissioners regarding the violation and directing the offending party to show cause before the Board why an order should not be made directing the termination of service or the assessment of penalties. The notice of the hearing shall be served in person or by registered or certified mail, return receipt requested, at least ten days before the hearing. Service may be made on any agent or officer of a corporation. After the Board of Commissioners has reviewed the evidence produced at the show cause hearing, it may issue an order directing that, in a specified period of time, any one or combination of the following actions be taken:

(1)

That the user's permit be revoked;

(2)

That all discharge into the town's wastewater treatment system must cease;

(3)

That the user be subject to the imposition by the town of a civil penalty not to exceed $5,000.00 for each violation; and

(4)

That the user shall reimburse the town upon demand for any expenses, loss or damage actually sustained by the town to its wastewater treatment system, treatment plant processes or receiving waters as a result of the violation, and for the amount of any fine or penalty imposed upon the town by any state or federal regulatory agency as a result of the violation.

(D)

Disconnection of service.

(1)

If any user shall disregard the Board of Commissioners' orders following a show cause hearing, the Board may order termination of the user's connections with the town's water system.

(2)

The connection shall be resumed thereafter only at the user's expenses and only with the approval of the Director, based upon satisfactory rectification of all past violations of this chapter and an assurance that no future violations will take place.

(3)

Alternatively, the Board may order the Director to cause the user's connection with the town's wastewater system to be severed. The connection shall be resumed only under the conditions outlined above for the resumption of a disconnected water service.

(1992 Code, § 18-41; Ord. passed 12-8-1986)