SECTION 161-12 VIOLATIONS.
The provisions of this chapter shall constitute a part of the contract with every person who connects to the city's sewerage system. Every person making such connection shall be considered as having expressed his or her consent to be bound hereby.
A. After informal notice is given, the city shall immediately halt or prevent the discharge of any pollutants which reasonably appear to present imminent endangerment to the health or welfare of persons. In addition, the city may suspend the wastewater treatment service and/or any industrial waste discharge permit when such suspension is necessary, in the opinion of the city, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the environment, causes interference to the POTW or causes the city to violate any condition of its NPDES permit. Notice of suspension shall be sent to the user by certified mail, return receipt requested, and shall state the reason(s) for the suspension. Any
person notified of a suspension of the wastewater treatment service and/or the industrial waste discharge 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 city shall take such steps as deemed necessary, including immediate shutoff of the city water service, to prevent or minimize damage to the POTW system or endangerment to any individuals. The city shall reinstate the industrial waste discharge permit and/or the city water service upon proof of the elimination of the non-complying 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 city within fifteen (15) days of the date of occurrence.
B. 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 this chapter:
(1) Failure of a user to factually report the wastewater constituents and characteristics of his discharge.
(2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics.
(3) Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
(4) Violation of conditions of the permit.
C. Any person found to be violating any provision of this chapter, except Section 10, shall be served by the Commissioner with written notice stating the nature of the violation. Within thirty (30) days of the notice, a plan for the satisfactory correction thereof shall be submitted to the city by the user.
D. Hearing.
(1) The city may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Commissioner 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 Commissioner 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 Commissioner 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 ten (10) days before the hearing. Service may be made on any agent or officer
of a corporation.
(2) The Commissioner may himself conduct the hearings and take the evidence or may designate the City Engineer or any officer or employee of the City of Marlborough to:
(a) Issue in the name of the Commissioner notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(b) Take the evidence.
(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Commissioner for action thereon.
(3) 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 usual charges thereof.
(4) After the Commissioner has reviewed the evidence, he may issue an order to the user responsible for this discharge directing that, following a specified time period, the sewer service be discontinued, unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances and are properly operated. Further orders and directives as are necessary and appropriate may be issued.
E. Legal action. If any person discharges sewage, industrial waste or other wastes into the City's wastewater disposal system contrary to the provision of this chapter, federal or state pretreatment requirements or any order of the city, the City Solicitor may commence an action for appropriate legal and/or equitable relief in the court of this county.
F. Penalties.
(1) Any person or user found to have violated any provision of these rules and regulations shall be subject to the assessment of a Civil Penalty, not to exceed Five Thousand ($5,000.00) dollars, for each day of violation of any such rule or regulation. In addition, any violation of these Regulations shall be punishable by a fine of Fifty Dollars ($50.00) per day. Each day in which any such violation shall continue shall be deemed a separate violation for purposes of both the civil penalty and the fine provisions of this Section. Exceeding daily Pretreatment Standards will be deemed a separate violation as to each effluent characteristic listed in these regulations regulated by federal or State categorical Pretreatment
Standards.
(2) Any person violating any of the provisions of this chapter shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.
G. Falsifying information. 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 industrial waste discharge permit, or who falsified, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine not less that fifty ($50.00) dollars nor more than five thousand ($5,000.00) dollars.
| 
