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.
In the event that 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 of Albion's JMIPCF. Any notice, petition or other
communication mailed to the Superintendent shall be addressed and mailed to
the Village of Albion Hall of the Village of Albion.
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.