§ 102-124. Enforcement response plan.

The enforcement response plan, in a step-by-step fashion, shall outline the procedures to be followed to identify, document and respond to violations by users of the sewage treatment plant. All violations by users of the sewage treatment plant shall be met with some type of enforcement response. The response shall be comprehensive and effective.

A. 

The enforcement response plan shall:

(1) 

Describe how the Town will investigate instances of noncompliance.

(2) 

Describe the types of escalated enforcement actions that the Town will take in response to all anticipated types of user violations and the time periods within which to initiate and follow-up these actions.

(3) 

Adequately reflect the Town Board's responsibility to enforce all applicable standards and requirements.

B. 

The enforcement response plan shall contain:

(1) 

Criteria for scheduling periodic inspection and/or sampling visits to sewage treatment plant users.

(2) 

Forms and guidelines for documenting compliance data in a manner which will enable the information to be used as evidence.

(3) 

Systems to track due dates, compliance schedule milestones, and pending enforcement actions.

(4) 

Criteria, responsible personnel, and procedures to select and initiate an enforcement action.

C. 

The range of appropriate enforcement actions shall be based on the nature and severity of the violation and other relevant factors, such as magnitude of the violation; duration of the violation; effect of the violation on the receiving water; effect of the violation on the sewage treatment plant; effect of the violation on the health and safety of the sewage treatment plant employees; compliance history of the user; good faith of the user, and shall promote consistent and timely use of enforcement remedies.

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