This chapter shall be enforced by the Village and/or its designee, with
cooperation and assistance from the Commission.
By connecting to the local and regional wastewater facilities, a customer
is submitting to the jurisdiction of the Village, Commission, applicable administrative
agencies, Municipal Court and Circuit Court for enforcement purposes. Enforcement
may occur as permitted by, including but not limited to, the following:
A.
Administrative notices and/or special orders issued by the Village,
Commission or another administrative agency having jurisdiction (such as the
Department of Natural Resources);
B.
Citations issued by the Village and prosecuted in Municipal Court;
and/or
C.
Complaints filed by the Village and/or Commission in Small Claims
or Circuit Court.
The Village or its designee is authorized to enter private properties
served by and/or connected to the local system to ensure compliance with federal,
state or local law, including Commission Regulations. The Village or its designee
is further authorized to obtain grab samples of sewage, test sewage, measure
or require metering, require pretreatment and inspect any and all connections,
sediment traps, grease traps or other appurtenances that are or may affect
local or regional system operations.
Where circumstances permit informal notice prior to taking more formal
action, the Village or designee shall give notice of violations that have
occurred or are threatened to occur to a suspected violator or other responsible
person so that remedial action may be taken. Such notice may either be written
or verbal and shall describe the relevant federal, state or local law, including
Commission Regulations, the nature of the alleged violation, and, to the full
extent possible, the action required and the time allowed to remedy the violation
and comply with the relevant law, regulation or ordinance.
A.
Service and proof of service of any notice given in writing
may be made by personal delivery, certified or registered mail, return receipt
requested, or in the manner provided for service of a summons in Circuit Court.
Where service is by certified or registered mail, service shall be deemed
given within three days of mailing and the return receipt shall constitute
proof of service.
B.
Notwithstanding the foregoing, and solely as determined appropriate by the Commission, the notice of violation may take the form of a notice from the Village, a special order by the Commission (as provided in Article XIII of this chapter), a Municipal Court citation issued by the Village based on the Village's and/or Commission's complaint, or a complaint initiated in Circuit Court.
Any violation of the provisions of this chapter or any other rule, regulation
or special order promulgated by the Commission shall constitute a public nuisance
subject to injunction and abatement in accordance with the procedures of § 823.02,
Wis. Stats., as from time to time amended.
Any person found in violation of these regulations or any other rule,
regulation or special order shall pay to the Commission and/or Village such
damages, losses or expenses as may be sustained by the Commission and/or Village
as the result of the violation, together with such costs as may be collectible
by law.
The remedies provided by this article shall be in addition to all other
remedies provided by these regulations or by any other law.
