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 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.
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.
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.