Administrative fines.

A. Notwithstanding any other section of this chapter, any user who is found to have violated any provision in accordance with this chapter, or a wastewater discharge permit or administrative order issued hereunder, shall be subject to a penalty not to exceed $10,000 for any one case and an additional penalty not to exceed $10,000 for each day of a continuing violation after a final decision and order has been entered with notice to the party adversely affected by the decision to impose the penalty. The exact amount of penalty in each case shall be determined by the Town Board of the Town of Webster but in no case shall be less than $300 per day.B.

Fines are payable within 30 days of receiving notice to pay them and shall be made payable to the Town of Webster Sewer Department. If payment is not received within 30 days, the fine will be added to the owner's tax bill.C. A late charge of 1% per month or part of a month will be added to any late payment to cover interest and handling costs, for fees received after 30 days.D. The user may, within 15 calendar days of notification from the Chief Plant Operator and/or Superintendent of Sewers for notice of such fine, petition the Chief Plant Operator and/or Superintendent of Sewers to modify or suspend the order.

Such petition shall be in written form and shall be transmitted to the Chief Plant Operator and/or Superintendent of Sewers by registered mail. The Chief Plant Operator and/or Superintendent of Sewers may then:(1) Reject any petitions;(2) Modify or suspend the order, or(3) Order the petitioner to show cause in accordance with § 257-144 and may, as part of the show cause notice, request the user to supply additional information.E. Where a request has merit, the Chief Plant Operator and/or Superintendent of Sewers may request the Town Board to hold a hearing on the matter. In the event the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user.

The Chief Plant Operator and/or Superintendent of Sewers may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.F. Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the user.