Any person reasonably suspect of violating any rule, regulation,
or other provision of this chapter shall be served by the Village
with a written notice stating the nature of the violation and providing
a reasonable time for the correction thereof. The offender shall,
within the period of time specified in such notice, permanently cease
all violations.
Any person who violates this chapter and who fails to comply
with the notice of violation shall, upon conviction thereof, pay a
forfeiture, together with the costs of prosecution. In establishing
its recommendation as to the amount of any forfeiture, the Village
shall consider the type of violation, previous violations, and whether
or not the violation was knowingly committed. In the event that a
person convicted of an ordinance violation fails to comply with a
judgment or order of the court responsible for adjudication, such
person may be imprisoned in the county jail at the discretion of the
court for a period of up to 90 days. Each day in which any violation
is continued shall be deemed a separate offense. The Village shall
have the right to remove or close wastewater facilities connections
if the user refuses to correct any violation to the satisfaction of
the Village. All costs for removing or closing the connection, as
well as the costs for restoring the connection, shall be charged to
the user. Wastewater facilities connections shall not be restored
until all charges and penalties, including the expense of removing
or closing the connection and the costs for restoring the connection,
have been paid in full. Unpaid expenses may be taxed as a special
assessment against the property on which the violation finds its source.
Any person who is issued a notice of violation, corrects the
violation, and then repeats the same violation, or violates another
rule, regulation, or provision of this chapter, shall be issued a
notice of second violation and prosecuted for violation of this chapter;
correction of the violation shall be required but shall not relieve
the user from prosecution.
Any person found to be responsible for an accidental discharge
of any deleterious substance to the wastewater facilities, as prohibited
in this chapter, in addition to a forfeiture, shall pay to the Village
an amount sufficient to pay for any and all damages to the wastewater
facilities. In establishing its recommendation as to the amount of
any forfeiture, the Village shall consider the risks posed to the
public health, safety, and welfare by the discharge, the risks posed
to the environment by the discharge, the risks posed to wastewater
facilities workers by the discharge, any adverse impacts on the wastewater
facilities, and previous violations.
Any person violating any provision of this chapter shall become
liable to the Village for any expense, loss, or damage occasioned
by reason of such violation which the Village suffers as a result
thereof.
No person shall knowingly make any false statement, representation,
record, report, plan, or affirmation in any document filed with the
Village, nor falsify, tamper with, or knowingly render inaccurate
any flow metering device, collected sample, or other instrument or
sampling method utilized under this chapter. The Village may levy
a forfeiture for each violation of this provision, together with the
costs of prosecution. In establishing its recommendation as to the
amount of any forfeiture, the Village shall consider the type of violation,
potential consequences of the violation, potential impacts of the
violation on the wastewater facilities, and previous violations. Criminal
action may also be taken against any person violating this provision
as allowed by law.
The Village may levy a forfeiture of not less $100 and not more
than $10,000 for each violation of this chapter, together with the
costs of prosecution. Each day on which a violation occurs or continues
shall be considered a separate offense. In establishing its recommendation
as to the amount of any forfeiture, the Village shall consider the
type of violation, potential consequences of the violation, potential
impacts of the violation, and previous violations.
If the Village determines that a public nuisance exists in the
Village which presents an imminent or substantial danger to the public
health, safety, or welfare, or presents a substantial danger to the
environment, then the Village may cause said public nuisance to be
abated and charge the costs thereof to the owner, occupant, or person
causing, permitting, or maintaining the nuisance.
Outside users and industrial users, with executed agreements
with the Village, shall control their wastewater discharge, at all
times, such that the wastewater flows, loads, and characteristic limits
stated in the agreement and/or in this chapter are not exceeded. Failure
to comply with the wastewater flows, loads, and characteristic limits
stated in the agreement and/or in this chapter shall be a violation
of this chapter. In the event that any limit on wastewater flows,
loads, or characteristics, as stated in the agreement and/or in this
chapter, is exceeded, the following shall apply:
A. The user shall take immediate action to bring the wastewater discharge
within the limits set in the agreement.
B. The user shall submit, to the Village, a written statement describing
the cause of the violation and describing all actions being taken
to reduce the wastewater flows, loads, or characteristics to below
the specified limits.
C. The Village shall apply additional costs for the additional flows
and/or loads discharged above the agreement limits.
D. Where the current agreement between the Village and the user specifies
penalties for violations of the agreement, then said penalties shall
apply.
E. Where the current agreement between the user and the Village does
not specify penalties, then the Village may levy a forfeiture of not
less than $100 and not more than $10,000 for each limit violation
and for each day that a limit violation occurs.
F. In the event that said violation results in damage to, impairment
of, or interference with the wastewater facilities, then the user,
in addition to any surcharge costs or penalties, shall be liable to
the Village for any expense, loss, or damage occasioned by reason
of such violation which the Village suffers as a result thereof.