A.
The Superintendent shall prepare an enforcement response
plan. The enforcement response plan, in a step-by-step fashion, shall
outline the procedures to be followed to identify, document, and respond
to violations by users of the POTW. All violations by users of the
POTW shall be met with some type of enforcement response. The response
shall be comprehensive and effective. Required components are specified
in the Sewer Use Rules and Standards Manual.[1]
[1]
Editor's Note: The Sewer Use Rules and Standards
Manual is included at the end of this chapter.
B.
The Village Board shall approve the enforcement response
plan. The enforcement response plan shall be reviewed at least every
five years.
Whenever the Superintendent finds that any user
has violated or is violating this chapter, or any wastewater discharge
permit, order, prohibition, limitation, or requirement permitted by
this chapter, the Superintendent may serve upon such person a written
notice stating the nature of the violation. Within 10 calendar days
of the date the Superintendent mails the notice, an explanation of
the violation and a plan for the satisfactory correction and prevention
thereof shall be submitted to the Superintendent, by the user. The
correction and prevention plan shall include specific actions. Submission
of this plan in no way relieves the user of liability for any violations
caused by the user before or after receipt of the notice of violation.
The Superintendent is hereby empowered to enter
into consent orders, assurances of voluntary compliance, or other
similar documents establishing an agreement with the user responsible
for the noncompliance. Such orders shall include specific action to
be taken by the user to correct the noncompliance within a time period
also specified by the order. Consent orders shall have the same force
and effect as an administrative order.
A.
When the Superintendent finds that a user has violated
or continues to violate this chapter or a permit or administrative
order issued thereunder, he may issue an administrative order to the
user responsible for the discharge directing that, following a specified
time period, sewer service shall be discontinued, severed and abated
unless the violation is corrected and that there is no reoccurrence
of the violation. Administrative orders may also contain such other
requirements as might be reasonably necessary and appropriate to address
the noncompliance, including the installation of pretreatment technology,
additional self-monitoring, and management practices.
B.
The user may, within 15 calendar days of receipt of
such order, petition the Superintendent to modify or suspend the order.
Such petition shall be in written form and shall be transmitted to
the Superintendent by registered mail. The Superintendent shall then:
A.
Notwithstanding any other section of this chapter,
any user who is found to have violated any provision of this chapter,
or a wastewater discharge permit or administrative order issued hereunder,
shall be fined in an amount not to exceed $2,000 per violation. Each
day on which noncompliance shall occur or continue shall be deemed
a separate and distinct violation.
B.
The user may, within 15 calendar days of notification
of the Superintendent's notice of such fine, petition the Superintendent
to modify or suspend the order. Such petition shall be in written
form and shall be transmitted to the Superintendent by registered
mail. The Superintendent shall then:
A.
When the Superintendent finds that a user has violated
or continues to violate this chapter or any permit or administrative
order issued hereunder, the Superintendent may issue an administrative
order to cease and desist all such violations and direct those persons
in noncompliance to:
B.
The user may, within 15 calendar days of the date
the Superintendent mails notification of such order, petition the
Superintendent to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent shall then:
A.
Violations leading to termination.
(1)
Any user who violates the following conditions of
this chapter or a wastewater discharge permit or administrative order,
or any applicable state and federal law, is subject to permit termination:
(a)
Violation of permit conditions or conditions
of an administrative order;
(b)
Failure to accurately report the wastewater
constituents and characteristics of its discharge;
(c)
Failure to report significant changes in operations
or wastewater constituents and characteristics;
(d)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring, or sampling; or
(e)
Failure to pay administrative fines, fees or
user charges.
(2)
Noncompliant industrial users will be notified, by
registered mail, of the proposed termination of their wastewater permit.
B.
The user may, within 15 calendar days of the date
the Superintendent mails such notification, petition the Superintendent
to permit continued use of the POTW by the user. Such petition shall
be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent shall then:
A.
Whenever a user has violated or continues to violate
the provisions of this chapter or an order or permit issued hereunder,
water service to the user may be severed and service will only recommence,
at the user's expense, after it has satisfactorily demonstrated its
ability to comply.
B.
The user may, within 15 calendar days of severance,
petition the Superintendent to reconnect water supply service. Such
petition shall be in written form and shall be transmitted to the
Superintendent by registered mail. The Superintendent shall then:
A.
The Superintendent may order any user appealing administrative remedies for violations of this chapter to show cause, before the Village Board, why an enforcement action, initiated by the Superintendent, should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Village Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Village Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing in accordance with § 235-97 of this article. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment. The notice of the hearing shall be served at least 10 calendar days before the hearing, in accordance with § 235-97.
B.
The Village Board may itself conduct the hearing,
or may designate any of its members or any officer or employee of
the Village to conduct the hearing:
(1)
Issue, in the name of the Village Board, notices of
hearings requesting the attendance and testimony of witnesses, and
the production of evidence relevant to any matter involved in such
hearings;
(2)
Take the evidence;
(3)
Take sworn testimony;
(4)
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the
Village Board for action thereon.
C.
After the Village Board has reviewed the evidence
and testimony, it may order the user to comply with the Superintendent's
order or fine, modify the Superintendent's order or fine, or vacate
the Superintendent's order or fine.
In the event the Superintendent issues any administrative
order, terminates the user's permit, or makes any fine as set forth
in this article, and the user fails, within the designated period
of time set forth, to petition the Superintendent, as provided in
appropriate sections of this article, the user shall be deemed in
default and its rights to contest the administrative order or fine
shall be deemed waived.
The notices, orders, petitions, or other notification
which the User or Superintendent shall desire or be required to give
pursuant to any sections of this chapter shall be in writing and shall
be served personally or sent by certified mail or registered mail,
return receipt requested, postage prepaid, and the notice, order,
petition, or other communication shall be deemed given upon its mailing
as provided herein. Any notice, administrative order, or communication
mailed to the user pursuant to the sections of this chapter shall
be mailed to the user where the user's effluent is discharged into
transmission lines to the Village's POTW. Any notice, petition, or
other communication mailed to the Superintendent shall be addressed
and mailed to the Village Hall of the Village of Delhi.
A.
Right to choose multiple remedies. The Superintendent
shall have the right, within the Superintendent's sole discretion,
to utilize any one or more appropriate administrative remedies set
forth in this article. The Superintendent may utilize more than one
administrative remedy established pursuant to this article, and the
Superintendent may hold one show-cause hearing combining more than
one enforcement action.
B.
Arbitration of differences in interpretation. The
Village Board shall be arbitrator of differences between the Superintendent
and sewer users on matters concerning interpretation and execution
of the provisions of this chapter.
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 for a civil penalty not to exceed $1,000 for each such
violation, to be assessed after a heating (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 Attorney, or
his designated attorney, at the request of the Superintendent in the
name of the Village, in any court of competent jurisdiction, giving
preference to courts local to the Village. In addition to the above
described penalty, the Superintendent may recover all damages incurred
by the Village 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
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. Such civil
penalty may be released or compromised by the Superintendent before
the matter has been referred to the Village Attorney, and where such
matter has been referred to the Village 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 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 Attorney, at the request of the Superintendent,
in the name of the Village, in any court of competent jurisdiction,
giving precedence to courts local to the Village.
C.
The Village 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.
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, 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, 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.
A.
If there shall be any payments which are due to the
Village, or any Department thereof, pursuant to any article or section
of this chapter, which shall remain due and unpaid, in whole or in
part, for a period of 20 calendar days from the date of billing by
the Village, the same shall constitute a default, and there shall
be added to the entire amount of the original bill a penalty equal
to 20% of the original bill, and interest shall accrue on the unpaid
balance, at the rate of 2% per month, retroactive to the date of the
original billing.
B.
In the event that there are any sewer taxes, assessments,
or other service charges which shall have been delinquent for a period
of at least 60 calendar days as of May 15 of any year, the Superintendent
shall report the names of the defaulting persons to the Village Mayor,
the Village Clerk/Treasurer, and the Village Chief Assessor on or
before May 15 of the same year. The Village Chief Assessor is hereby
directed to add the entire amount of the sewer tax, assessment, or
other service charge which shall be in default, plus penalty and interest,
as provided for in this chapter, to the real property taxes due and
owing to Village in the next succeeding year, and the Village Chief
Assessor is directed to collect the same in the same manner as real
property taxes due and owing to the Village are collected.
C.
Where charges are delinquent and the violator is not
a resident of the Village, or is located outside the geographical
boundaries of the Village, then the Village Attorney is authorized
to seek recovery of charges, including punitive damages, in a court
of competent jurisdiction or make arrangements with the appropriate
county where the user is located to add the amount of the sewer assessment
or other charges which shall be in default, plus penalty and interest,
as provided for in the law, to the real property taxes due to the
County in the next ensuing year.
The Superintendent may decline to reissue a
permit to any user which has failed to comply with the provisions
of this chapter or any order or previous permit issued hereunder unless
such user first files with it a satisfactory bond, payable to the
POTW, in a sum not to exceed a value determined by the Superintendent
to be necessary to achieve consistent compliance.
The Superintendent may decline to reissue a
permit to any user which has failed to comply with the provisions
of this chapter or any order or previous permit issued hereunder,
unless the user first submits proof that it has obtained financial
assurances sufficient to restore or repair POTW damage caused by its
discharge.
The Superintendent shall provide public notification,
in the official newspaper of the Village, of users which were in significant
noncompliance with local or federal pretreatment standards or requirements
since the last such notice. The frequency of such notices shall be
at least once per year.