Summary abatement.
A. Notwithstanding any inconsistent provisions of this chapter, whenever the Chief Plant Operator and/or Superintendent of Sewers finds, after investigation, that any user is causing, engaging in, or maintaining a condition or activity which, in his judgment, presents an imminent danger to the public health, safety, or welfare, or to the environment, or is likely to result in irreparable damage to the POTW or the environment, and it therefore appears to be prejudicial to the public interest to allow the conditions or activity to go unabated until notice and an opportunity for a hearing can be provided, the Chief Plant Operator and/or Superintendent of Sewers may, without prior hearing, order such user by notice, in writing wherever practicable or in such other form as practices are intended to be proscribed, to discontinue, abate, or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate, or alleviate such condition or activity; or, where the giving of notice is impracticable, or in the event of a user's failure to comply voluntarily with an emergency order, the Chief Plant Operator and/or Superintendent of Sewers may take all appropriate action to abate the violating condition.
As promptly as possible thereafter, not to exceed 15 calendar days, the Chief Plant Operator and/or Superintendent of Sewers shall provide the user an opportunity to be heard, in accordance with the provisions of this article.B. If the user is not within the geographic boundaries of the Town, the right of summary abatement to discontinue, abate, or alleviate conditions or activities shall be those prescribed in the intermunicipal agreement.C. The Chief Plant Operator and/or Superintendent of Sewers, acting upon the belief that an emergency exists, shall be indemnified against any personal liability that may arise in the performance of his duties to protect the public health, safety, or welfare, or to preserve the POTW or the environment.
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