A.
Any person who violates any of the provisions of or
who fails to perform any duty imposed by this chapter or any administrative
order or determination of the Superintendent promulgated under this
chapter or the terms of any permit issued hereunder shall be liable
to the Village of Carthage for a civil penalty not to exceed $1,000
for each such violation, to be assessed after a hearing (unless the
user waives the right to a hearing) held in conformance with the procedures
set forth in this article. Each violation shall be a separate and
distinct violation, and in the case of continuing violation, each
day's continuance thereof shall be deemed a separate and distinct
violation. Such penalty may be recovered in an action brought by the
Village of Carthage Attorney or his designated attorney, at the request
of the Superintendent in the name of the Village of Carthage, in any
court of competent jurisdiction, giving preference to courts local
to the Village of Carthage. In addition to the above-described penalty,
the Superintendent may recover all damages incurred by the Village
of Carthage from any persons or users who violate any provisions of
this chapter or who fail to perform any duties imposed by this chapter
or any administrative order or determination of the Superintendent
promulgated under this chapter or the terms of any permit issued hereunder.
In addition to the above-described damages, the Superintendent may
recover all reasonable attorney's fees incurred by the Village of
Carthage in enforcing the provisions of this article, including reasonable
attorney's fees incurred in any action to recover penalties and damages,
and the Superintendent may also recover court costs and other expenses
associated with the enforcement activities, including sampling and
monitoring expenses.
B.
In determining the amount of civil penalty, the court
shall take into account all relative circumstances, including but
not limited to the extent of harm caused by the violation, the magnitude
and duration, any economic benefit gained through the user's violation,
corrective actions by the user, the compliance history of the user
and any other relative factors as justice may require.
C.
Such civil penalty may be released or compromised
by the Superintendent before the matter has been referred to the Village
of Carthage Attorney, and where such matter has been referred to the
Village of Carthage Attorney, any such penalty may be released or
compromised and any action commenced to recover the same may be settled
and discontinued by the Village of Carthage Attorney, with the consent
of the Superintendent.
A.
In addition to the power to assess penalties as set
forth in this article, the Superintendent shall have the power, following
the hearing held in conformance with the procedures set forth in this
article, to seek an order:
B.
Any such court order shall be sought in an action
brought by the Village of Carthage Attorney, at the request of the
Superintendent, in the name of the Village of Carthage, in any court
of competent jurisdiction giving precedence to courts local to the
Village of Carthage.
C.
The Village of Carthage Attorney, at the request of
the Superintendent, shall petition the court to impose, assess and
recover such sums imposed according to this article. In determining
amount of liability, the court shall take into account all relevant
circumstances, including but not limited to the extent of harm caused
by the violation, the magnitude and duration, any economic benefit
gained through the user's violation, corrective actions by the user,
the compliance history of the user and any other factor as justice
requires.
A.
Any person who willfully violates any provision of
this chapter or any final determination or administrative order of
the Superintendent made in accordance with this article shall be guilty
of a Class A misdemeanor and, upon conviction thereof, shall be punished
by a fine of not less than $500 nor more than $1,000 or imprisonment
not to exceed one year, or both. Each offense shall be a separate
and distinct offense, and in the case of a continuing offense, each
day's continuance thereof shall be deemed a separate and distinct
offense.
B.
Any user who knowingly makes any false statements,
representations or certifications in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this chapter or wastewater permit or who falsifies, tampers with
or knowingly renders inaccurate any monitoring device or method required
under this chapter shall be guilty of a Class A misdemeanor and, upon
conviction, shall be punished by a fine of not more than $1,000 per
violation per day or imprisonment for not more than one year, or both.
C.
No prosecution under this section shall be instituted
until after final disposition of a show cause hearing, if any, was
instituted.
Whenever a user has violated or continues to
violate the provisions of this chapter or permit or order issued hereunder,
the Superintendent, through counsel, may petition the court, in the
name of the Village of Carthage, for the issuance of a preliminary
or permanent injunction, or both (as may be appropriate), which restrains
the violation of or compels the compliance with any order or determination
thereunder by the Superintendent.
A.
Notwithstanding any inconsistent provisions of this
chapter, whenever the Superintendent finds, after investigation, that
any user is causing, engaging in or maintaining a condition or activity
which, in the judgment of the Superintendent, presents an imminent
danger to the public health, safety or welfare or to the environment
or is likely to result in severe damage to the POTW or the environment
and it therefore appears to be prejudicial to the public interest
to allow the condition or activity to go unabated until notice and
an opportunity for a hearing can be provided, the Superintendent 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 Superintendent may take all appropriate
action to abate the violating condition. As promptly as possible thereafter,
not to exceed 15 calendar days, the Superintendent 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 Village of Carthage, the right of summary abatement to discontinue,
abate or alleviate conditions or activities shall be those prescribed
in the intermunicipal agreement.
C.
The Superintendent, 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.
