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 Concord
 Code of Ordinances
 Title I. GENERAL CODE
 Chapter 9. WATER
 Article 9-6. SEWERS AND DRAINS

  § 9-6-32. Penalties Defined.  

Latest version.

  • The following procedure is set forth to deal with any violation of this Article:

    (a)

    Notice of Violation.

    (1)

    Any person found violating any provision of this Article except Section 9-6-30, may be served with written notice by the City; however, liability for the violation attaches immediately upon the occurrence of the violation. The written notice of violation from the City does not exempt the offender from other enforcement actions by the City.

    (2)

    If sampling performed by an industrial user indicates a violation, the user shall notify the City within twenty-four (24) hours of becoming aware of the violation. The user shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty (30) days after becoming aware of the violation. Where the control authority has performed the sampling and analysis in lieu of the industrial user, the control authority must perform the repeat sampling and analysis unless it notifies the user of the violation and requires the user to perform the repeat analysis. Except that the industrial user is not required to resample if:

    a.

    The City performs sampling at the industrial user's facility at a frequency of at least once per month; or

    b.

    The City performs sampling at the industrial user's facility between the time when the initial sampling was conducted [and the] user performs its initial sampling and the time when the industrial user or the City receives the results of this sampling.

    (b)

    Civil Penalty. Any person who violates any provision of this Article shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000.00) per day of such violation. Each day in which any such violation shall continue shall be deemed a separate offense.

    (c)

    Liability for Damage Stated. Any person violating any of the provisions of this Article shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation. The expense, loss, or damage shall be taken to be the extent determined by a professional engineer registered in New Hampshire particularly skilled in the operation and maintenance of wastewater collection and treatment works.

(Ord. No. 2292, § II, 2-8-99; Ord. No. 2749, § XII, 4-13-09; Ord. No. 2758, § XII, 7-13-09)