ARTICLE VIII: ENFORCEMENT & PENALTIES
Section 1. Suspension of Sewer Service:
The Board may suspend sewer service when such suspension is necessary, in the opinion of the Board, 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 POTW, causes excessive infiltration or inflow, causes the City to violate any condition of its NPDES Permit, or causes the Town to violate any federal or state law, regulation, or administrative rule or order.
Any person notified of a suspension of sewer service shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Board 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 any individuals. The Board
shall reinstate the wastewater treatment service upon proof of the elimination of the non-complying discharge. A detailed written future occurrence shall be submitted to the Board within 15 days of the date of occurrence.
Section 2. Specific Violations:
Any User who violates the following conditions of these Regulations or applicable state and federal regulations, is subject to having the user’s permit revoked, after a hearing before the Board.
a) Failure of a User to factually report the wastewater constituents and 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; or,
d) Violation of conditions of the permit.
Section 3. Power of Town Counsel:
At any time the Town Counsel may commence an action for appropriate legal and/or equitable relief in order to halt a discharge in violation of these Regulations, the City’s NPDES Permit, or any federal or state law, regulation, or Town’s administrative rule or order, or otherwise to enforce any provision of these Regulations.
Section 4. Duty of Compliance:
The duty of compliance with these Regulations and/or any other legal provisions in any way related to the Town Sewer System is that of the owner of record of the property in question. Ignorance of these Regulations and/or any other legal provisions in any way related to the Town Sewer System shall not be deemed a suitable defense for non-compliance.
Section 5. Notice:
Any person found to be violating any provision of these Regulations, shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Section 6. Penalties:
Any person who is found to have failed to cease all violations as defined in Section 1, whether intentionally, unintentionally or accidentally, or who violates any provision of these Regulations or a rule or regulation of the Board, may after a hearing before the Board be assessed a civil penalty not exceeding five thousand dollars. Each day that the violation continues shall be deemed a separate offense. This Regulation may also be enforced through non-criminal disposition procedures of M.G.L. Ch. 40, s. 21D and section 2-21 of the Town’s By-laws and an assessment shall be made for each violation thereof in the amount of $50 for the first violation; $100 for the second violation; and $150 for the third and subsequent violations. Any police officer in the Town or the Superintendent of Public works or his/her
designee shall have the authority to enforce this Regulation via the non-criminal disposition procedure. As permitted under Article I section 4 (b) (3) of the Town General by-laws, each day in which any violation shall continue shall be deemed a separate violation for purposes of both the civil penalty and the fine provisions of this Section.
Any person violating any of the provisions of these regulations shall become liable to the Town for any expense, loss, or damage occasioned by the Town by reason of such violation.
In exercising its authority to halt or prevent discharges under Article VI Section 1 or on enforcing applicable penalties, the Authority Board will follow the guidelines of 40 CFR 403.8
The Board, pursuant to a filing by Town of a certificate of acceptance of conditions for the issuance of sewer charge lien with the Essex County South Registry of Deeds, may place a lien upon the property or premises for which Sewer User Charges, Service Charges, Repair Charges, fees or penalties are more than 60 days overdue. Notwithstanding such lien any overdue Sewer User Charge of Service Charge may be collected through any legal means.
Any person who knowingly makes false statements, representations or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to these Regulations, or Permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance, shall be penalized according to the established enforcement and penalty provision of these Regulations.
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