(a) Notification of Violation. Whenever the superintendent finds that any person has violated or is violating Sections 13.32.100 through 13.32.1100, or any prohibition, limitation or requirement contained herein, he or she may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty days, for the satisfactory correction thereof.
(b) Show Cause Hearing.
(1) If the violation is not corrected by timely compliance, the superintendent may order any person who causes or allows an unauthorized discharge to show cause before the town board of trustees why service should not be terminated. A notice shall be served on the offending party specifying the time and place of the hearing to be held by the town board of trustees regarding the violation, and directing the offending party to show cause before said board why an order should not be made directing the termination of service. The notice of the hearing shall be served personally 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.
(2) The town board of trustees may itself conduct the hearing and take the evidence or may designate any of its members or any officer to:
(A) Issue in the name of the town board of trustees notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any 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 town board of trustees for action thereon.
(3) At any public hearing, testimony taken before the town board of trustees or any person designated by it, must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any part of the hearing upon payment of the usual charges.
(4) After the town board of trustees has reviewed the evidence, it may issue an order to the party 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 are properly operated, and such further orders and directives as are necessary and appropriate.
(c) Legal Action. Any discharge in violation of the substantive provisions of Sections 13.32.100 through 13.32.1100 or an order of the town board of trustees shall be considered a public nuisance. If any person discharges sewage, industrial wastes or other wastes into the town treatment system contrary to the substantive provisions of Sections 13.32.100 through 13.32.1100 or any order of the town board of trustees, the town attorney shall commence an action for appropriate legal and/or equitable relief.
(d) Discharger’s Right of Appeal. Any discharger or any interested party has the right to request in writing an interpretation or ruling by the authority on any matter covered by a municipal ordinance and is entitled to a prompt written reply. In the event that such an inquiry is by the affected discharger and deals with matters of compliance with the ordinance or deals with a wastewater permit, receipt of the discharger’s request will delay all enforcement proceedings until he receives the written reply.
(e) Annual Publication of Violators. A list of all dischargers, which were subject of significant enforcement proceedings pursuant to the provisions of Sections 13.32.100 through 13.32.1100 or state or federal regulations during the previous calendar year, shall be published annually by the town in the largest daily newspaper delivered in the town. The list shall summarize the enforcement actions taken against the dischargers during the calendar year in which violations:
(1) Remained uncorrected forty-five or more days after notification of noncompliance;
(2) Which have exhibited a pattern of noncompliance over that one-year period; or
(3) Which involve failure to accurately report noncompliance. (Ord. 707 § 6, 1984).