Whenever the Superintendent or Monroe County Pure Waters finds
that any user has violated or is violating this chapter, 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 of 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 Village of Churchville and/or Monroe County Pure Waters
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.
Any person who violates any of the provisions of or who fails
to perform any duty imposed by this chapter or any order or determination
of the Village Board or Superintendent promulgated under this chapter
shall be liable to the Village of Churchville for a civil penalty
not to exceed the maximum amount as set by Section 9.7 of the Sewer
Use Law of Monroe County, as amended, for each such violation, to
be assessed after a hearing held in conformance with the procedures
set forth in this article. Each violation shall be 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 Churchville
Attorney at the direction of the Village Board, in the name of the
Village of Churchville, in any court of competent jurisdiction. In
addition to the above-described penalty and damages, the Village of
Churchville may recover reasonable attorney's fees, court costs and
other expenses associated with the enforcement activities, including
sampling and monitoring expenses. Such civil penalty may be released
or compromised by the Village Board before the matter has been referred
to the Village of Churchville Attorney, and where such matter has
been referred to the Village of Churchville Attorney, any such penalty
may be released or compromised and any action commenced to recover
the same settled and discontinued by the Village of Churchville Attorney
with the consent of the Village Board.
Whenever a user has violated or continues to violate the provisions
of this chapter or permit or order issued hereunder, the Village Board
may petition the court, in the name of the Village of Churchville,
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 Village
Board.
Any person violating any of the provisions of this chapter shall,
in addition, be civilly liable to the Village of Churchville for any
expense, loss or damage occasioned to the Village of Churchville by
reason of such violation.