Sewer Use Regulations

Article VII.  Penalties

Section 1.  Any person found to be violating any provisions of these Rules and Regulations except Article IV shall be served by the Town with written notice stating the nature of violation and the offender shall permanently cease all violations.  The Director may immediately halt or prevent any discharge of pollutants which reasonably appears to present an imminent endangerment to the health or welfare of persons.  In the event that the Director determines that a discharge of pollutants reasonably appears to present an imminent endangerment to the health or welfare of persons, the Director may provide informal (oral or written) notice of such determination to the discharger.  The offender shall, within the period of time stated in such notice, permanently cease all violations by immediately stopping or eliminating such discharge and shall submit written proof of the elimination of the discharge to the Director within forty-eight (48) hours of receipt of notice of the Director’s determination.   If said person fails to voluntary halt such discharge, the Director will take such actions as deems necessary to prevent or minimize endangerment to the health or welfare of persons.  Such actions may include, but are not limited to: seeking temporary injunctive relief, entry onto private property to halt such discharge, severance of the sewer connection, suspension of wastewater disposal service, suspension or revocation of a discharge permit, and/or implementation of legal action.  After such discharge has been halted, the Director may take such other and further actions as may be necessary to ensure elimination of said discharge and to ensure compliance with the terms of these Rules and Regulation and any discharge permits issued hereunder.

Section 2.  Any person who shall continue any violation beyond the time limit provided for in Article VIII, Section1 shall be guilty of a misdemeanor, and on conviction thereof, shall be fined an amount not exceeding five thousand dollars ($5,000) for each day for each violation of any provisions of these Rules and Regulations. Each day in which any such violation shall continue shall be deemed a separate offense.  These penalties are stated in the Massachusetts General Laws, Chapter 83, as amended by Chapter 174 of the Acts of 1987.  Enforcement action shall be considered to begin immediately upon discovery of the violation for the purpose of calculating penalties, etc.

Section 3.  Any person violating any of the provisions of this ordinance shall become liable to the Town for any expense, loss or damage occasioned by the Town by reason of such violation.                                                    

Section 4.  Neither the Town nor any of its employees shall be liable for damages arising out of a malfunction of the system including, but not limited to, backups.