Montague Municipal Code Art. VI Enforcement

All fees and charges imposed under the provisions of this chapter are due and payable upon receipt of the notice of charges. Unpaid charges shall become delinquent twenty days after mailing or delivering the notice of charges. A basic penalty charge of twenty percent of the unpaid amount shall be added to any fee or charge that becomes delinquent. Interest at the rate of one-half percent per month shall accrue on the total of all delinquent charges plus all penalty charges. (Ord. 142 § 211, 1976)

A. Any permit applicant, permit holder, authorized industrial wastewater discharger or other discharger adversely affected by any decision, action or determination made by the superintendent in interpreting or implementing the provisions of this chapter or any permit issued pursuant to this chapter may file with the city council a written request for reconsideration. Such request shall be acted upon by the city council within forty-five days from the date of filing.

B. The written appeal shall state all the pertinent aspects of the matter, and shall be accompanied by a fee of two hundred dollars, which shall be refunded if the appeal is sustained. Within forty-five days after the written appeal is received, the city council shall hold a hearing on the matter. At this hearing, the discharger may appear personally or through counsel, cross-examine witnesses, and present evidence in his own behalf. Notice of the hearing shall be given in accordance with Section 13.12.380 at least fifteen days prior to the date of hearing. Within forty-five days after the hearing is closed, the city council shall make a final ruling on the appeal. (Ord. 142 § 212, 1976)

At least thirty days before any formal consideration of any amendment to this chapter, the superintendent shall notify, in writing, each public corporation performing as a local sewering agency. Such notice shall also be mailed to any person who has filed a request for notification. The notice shall contain a brief description of the nature of the amendment to be considered and the time and place when formal action will be taken. (Ord. 142 § 207, 1976)

A. The superintendent shall notify any person found to be in violation of this chapter or of any limitation or requirement of a permit issued under this chapter before the superintendent takes any action to implement Sections 13.12.390 and the superintendent shall take not such action until the elapse of ten days from the date notice is given.

B. Unless otherwise provided, any notice required to be given by the superintendent under this chapter shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the superintendent. Where the address is unknown, service may be made upon the owner of record of the property involved. (Ord. 142 § 204, 1976)

A. Every person violating any provisions of this chapter, including the failure to pay any fees, charges or surcharges imposed by ordinance of the city, or any condition or limitation of a permit or plan approval issued pursuant thereto, is guilty of a misdemeanor, and upon conviction is punishable by a fine not to exceed one hundred dollars, imprisonment not to exceed thirty days, or both.

B. Each day during which any violation continues shall constitute a separate offense punishable as provided in subsection A of this section.

C. Any person who intentionally or negligently violates any provision of this chapter pertaining to the subject matter of either subdivisions 1 or 2 of this subsection or any condition or limitation of a permit or plan approval related thereto shall be civilly liable to the city in a sum not to exceed six thousand dollars for each day in which such violation occurs. In the event of such violation, the city shall, upon authorization of its council, petition the superior court to impose, assess and recover such sums for the following violations:

1. The pretreatment of any industrial wastewater which would otherwise be detrimental to the treatment works or its proper and efficient operation and maintenance;

2. The prevention of entry of such wastewater into the collecting system and treatment works. (Ord. 142 § 202, 1976)