§ 257-151 Chapter 257 Sewers

Injunctive relief.

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A. When the Chief Plant Operator and/or Superintendent of Sewers finds that a user has violated, or continues to violate, any provision of this chapter, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Chief Plant Operator and/or Superintendent of Sewers may petition a State Supreme Court through counsel for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user.

The Chief Plant Operator and/or Superintendent of Sewers may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.B. The power of injunction shall be invoked to stop an illegal discharge after all administrative procedures have been used and failed, and to stop an illegal discharge which is causing the Town to violate its discharge standards when the length of time necessary to institute any existing legal remedies would result in a fine or penalty to the Town.

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