(1) When the Public Works Superintendent finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Public Works Superintendent may fine such user in an amount not to exceed $10,000. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.

(2) The Public Works Superintendent may add the costs of any emergency response, additional monitoring, investigation, and administrative costs related to the noncompliance and the Public Works Superintendent’s response to the situation to the amount of the fine.

(3) The Public Works Superintendent will consider the economic benefit enjoyed by a user as a result of the noncompliance in cases where there appears to have been a monetary benefit from not complying. In such cases, the Public Works Superintendent shall ensure that fines, to the maximum amounts allowable, exceed the benefit to the user from the noncompliance.

(4) Unpaid charges, fines, and penalties shall, at 30 calendar days past the due date, be assessed an additional penalty of one percent of the unpaid balance, and interest shall accrue thereafter at a rate of one percent per month. After 30 days the Town shall be authorized to file a lien against the user’s property for unpaid charges, fines, and penalties.

(5) Users desiring to dispute such fines must file a written request for the Public Works Superintendent to reconsider the fine along with full payment of the fine amount within 15 working days of being notified of the fine. Where a request has merit, the Public Works Superintendent may convene a hearing on the matter. In the event the user’s appeal is successful, the Town shall rebate the difference between the initial and final penalty amounts to the user.

(6) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user. (Ord. 445-N, §1, 2014)