9.20.140 Enforcement, penalties.
In the event of the discharge of any waters or wastes which are prohibited by this chapter, the superintendent may:
A. Suspend the wastewater treatment service, and the discharge permit of either a discharger or a user when the actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interference with the operation of the wastewater treatment facilities, violate any pretreatment limits imposed by this chapter, or any discharge permit issued pursuant to this chapter. Any discharger notified of the suspension of wastewater treatment service or the discharge permit shall, within a reasonable period of time as determined by the superintendent, cease all discharges. In the event of failure of the discharger to comply voluntarily with the suspension order within the specified time, the superintendent shall immediately commence judicial proceedings to compel compliance with such order.
B. The superintendent may further revoke the permit of any discharger who fails to:
1. Factually report the wastewater constituents and characteristics of its discharge;
2. Report significant changes in wastewater constituents and characteristics;
3. Refuses reasonable access to the discharger’s premises by representatives of the authority for the purpose of inspection or monitoring; or
4. Violates the conditions of its permit, or this chapter, or any final judicial order entered with respect thereto.
C. Following the entry of any order by the superintendent with respect to the conduct of any discharger contrary to the provisions of this chapter, the Town Attorney may, following the authorization of such action by the Town Council, commence an action for appropriate legal and/or equitable relief in the District Court of the County.
D. Any person, firm or corporation who violates any of the provisions of this chapter, rule and regulation adopted pursuant hereto, or term and condition of any permit issued pursuant to this chapter, commits a Class A misdemeanor, punishable as defined in PMC 11.01.030. Each day during which such offense occurs shall be deemed a separate and distinct offense.
E. In the event that the superintendent determines that the discharge is an imminent threat to the health, safety and welfare of the Town, or the integrity of the Town’s wastewater collection system, or the Battlement Mesa Metropolitan District facilities, the superintendent may, with the concurrence of the Mayor and the Town Manager, turn off all domestic and irrigation water to the affected property. This disconnection shall last so long as the superintendent deems the hazard to continue. (Ord. 500 §1, 2004; Amended Ord. 685 §15, 2015; Amended Ord. 757 §2, 2019)