A.
The Supervisor shall prepare an enforcement response
plan. The enforcement response plan, in a step-by-step fashion, shall
outline the procedures to be followed to identify, document, and respond
to violations by users of the POTW. All violations by users of the
POTW shall be met with some type of enforcement response. The response
shall be comprehensive and effective.
B.
The enforcement response plan shall:
(1)
Describe how the Supervisor will investigate
instances of noncompliance.
(2)
Describe the types of escalated enforcement
actions that the Supervisor will take in response to all anticipated
types of user violations and the time periods within which to initiate
and follow up these actions.
(3)
Adequately reflect the Village of Clyde Board's
responsibility to enforce all applicable standards and requirements.
C.
The enforcement response plan shall contain:
(1)
Criteria for scheduling periodic inspection
and/or sampling visits to POTW users.
(2)
Forms and guidelines for documenting compliance
data in a manner which will enable the information to be used as evidence.
(3)
Systems to track due dates, compliance schedule
milestones, and pending enforcement actions criteria, responsible
personnel, and procedures to select and initiate an enforcement action.
(4)
The range of appropriate enforcement actions
shall be based on the nature and severity of the violation and other
relevant factors, such as:
(5)
And shall promote consistent and timely use
of enforcement remedies.
D.
The Village of Clyde Board shall approve the enforcement
response plan. The enforcement response plan provides for a consistent
and timely approach to enforcement and the Board's approval is not
needed before an enforcement action is undertaken. The enforcement
response plan shall be reviewed at least every five years.
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ADMINISTRATIVE REMEDIES
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Whenever the Supervisor 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 Supervisor 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 Supervisor 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 Supervisor 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.
When the Supervisor finds that a user has violated
or continues to violate this chapter or a permit or order issued thereunder,
he/she may issue an order to the user responsible for the discharge
directing that, following a specified time period, sewer service shall
be discontinued unless the violation is corrected and that there is
no reoccurrence of the violation. Orders may also contain such other
requirements as might be reasonably necessary and appropriate to address
the noncompliance, including the installation of pretreatment technology,
additional self-monitoring, and management practices. The user may,
within 15 days of receipt of such order, petition the Supervisor to
modify or suspend the order. Such petition shall be in written form
and shall be transmitted to the Supervisor by registered mail. The
Supervisor may:
A.
Notwithstanding any other section of this chapter,
any user who is found to have violated any provision of this chapter,
or permits and orders issued hereunder, shall be fined in an amount
not to exceed $1,000 per violation. Each day on which noncompliance
shall occur or continue shall be deemed a separate and distinct violation.
B.
The user may, within 15 calendar days of notification
of such fine, petition the Supervisor to modify or suspend the fine.
Such petition shall be in written form and shall be transmitted to
the Supervisor by registered mail. The Supervisor may:
A.
When the Supervisor finds that a user has violated
or continues to violate this chapter or any permit or order issued
hereunder, the Supervisor may issue an order to cease and desist all
such violations and direct those persons in noncompliance to:
B.
The user may, within 15 days of receipt of such order,
petition the Supervisor to modify or suspend the order. Such petition
shall be in written form and shall be transmitted to the Supervisor
by registered mail. The Supervisor may:
A.
Any user who violates the following conditions of
this chapter or a wastewater discharge permit or order, or any applicable
or state and federal law, is subject to permit termination:
(1)
Violation of permit conditions.
(2)
Failure to accurately report the wastewater
constituents and characteristics of its discharge.
(3)
Failure to report significant changes in operations
or wastewater constituents and characteristics.
(4)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring, or sampling.
B.
Noncompliant industrial users will be notified, by
registered mail, of the proposed termination of their wastewater permit.
The user may, within 15 calendar days of receipt of such notification,
petition the Supervisor to permit continued use of the POTW by the
user. Such petition shall be in written form and shall be transmitted
to the Supervisor by registered mail. The Supervisor may:
Whenever a user has violated or continues to
violate the provisions of this chapter or an order or permit issued
hereunder, water service to the user may be severed and service will
only recommence, at the user's expense, after it has satisfactorily
demonstrated its ability to comply. The user may, within 15 days of
severance, petition the Supervisor to reconnect water supply service.
Such petition shall be in written form and shall be transmitted to
the Supervisor by registered mail. The Supervisor may:
A.
The Supervisor may order any user appealing administrative
remedies for violations of this chapter to show cause, before the
Village of Clyde Board, why an enforcement action, initiated by the
Supervisor, should not be taken. A notice shall be served on the user
specifying the time and place of a hearing to be held by the Village
of Clyde Board regarding the violation, the reasons why the action
is to be taken, the proposed enforcement action, and directing the
user to show cause before the Village of Clyde Board why the proposed
enforcement action should not be taken. The notice of the hearing
shall be served personally or by registered or certified mail (return
receipt requested) at least 10 calendar days before the hearing. Service
may be made on any principal or executive officer of a user's establishment
or to any partner in a user's establishment.
B.
The Village of Clyde Board may itself conduct the
hearing and take evidence, or may designate any of its members or
any officer or employee of the Department of Public Works to:
(1)
Issue, in the name of the Village of Clyde Board,
notices of hearings requesting the attendance and testimony of witnesses
and the production of evidence relevant to any matter involved in
such hearings.
(2)
Take the evidence.
(3)
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to the Village of Clyde Board for action thereon.
C.
After the Village of Clyde Board has reviewed the
evidence, it may order the user to comply with the Supervisor's order
or fine, modify the Supervisor's order or fine or vacate the Supervisor's
order or fine.
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JUDICIAL REMEDIES
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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 Supervisor promulgated under this chapter,
or the terms of any permit issued hereunder, shall be liable to the
Village of Clyde for a civil penalty not to exceed $1,000 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 Clyde Attorney, at the request of the Supervisor
in the name of the Village of Clyde, in any court of competent jurisdiction.
In addition to the above-described penalty and damages, the Village
Board may recover reasonable attorneys' 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 Clyde Attorney, and where such matter has been referred to the
Village of Clyde Attorney, any such penalty may be released or compromised
and any action commenced to recover the same may be settled and discontinued
by the Village of Clyde Attorney, with the consent of the Village
Board.
A.
In addition to the power to assess penalties as set
forth in this article, the Supervisor shall have the power, following
the hearing held in conformance with the procedures set forth in this
article, to seek an order:
(1)
Suspending, revoking, or modifying the violator's
wastewater discharge permit.
(2)
Enjoining the violator from continuing the violation.
Any such order shall be sought in an action brought by the Village
of Clyde Attorney, at the request of the Supervisor in the name of
the Village of Clyde, in any court of competent jurisdiction.
B.
The Supervisor shall petition the court to impose,
assess, and recover such sums imposed according to this article. In
determining amount of liability, the court shall take into account
all relevant circumstances, including but not limited to the extent
of harm caused by the violation, the magnitude and duration, any economic
benefit gained through the user's violation, corrective actions by
the user, the compliance history of the user, and any other factor
as justice requires.
A.
Any person who willfully violates any provision of
this chapter or any final determination or order of the Village Board
made in accordance with this article shall, in addition, be guilty
of a misdemeanor, and upon conviction thereof, shall be punished by
a fine of not less than $500 nor more than $1,000. Each offense shall
be a separate and distinct offense, and, in the case of a continuing
offense, each day's continuance thereof shall be deemed a separate
and distinct offense. In the event of a second conviction, the user
shall be punishable by a fine not to exceed $3,000 per violation per
day or imprisonment for not more than three years, or both.
B.
Any user who knowingly makes any false statements,
representations, or certifications in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this chapter, or wastewater permit, or who falsifies, tampers with,
or knowingly renders inaccurate any monitoring device or method required
under this chapter shall, upon conviction, be punished by a fine of
not more than $1,000 per violation per day or imprisonment for not
more than one year, or both. In the event of a second conviction,
the user shall be punishable by a fine not to exceed $3,000 per violation
per day or imprisonment for not more than three years, or both. No
prosecution, under this section, shall be instituted until after final
disposition of a show cause hearing, if any, was instituted.
Whenever a user has violated or continues to
violate the provisions of this chapter or permit or order issued hereunder,
the Village Board, through counsel, may petition the court, in the
name of the Village of Clyde, 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 Clyde for any expense, loss, or damage occasioned to the Village
of Clyde by reason of such violation.
A.
Notwithstanding any inconsistent provisions of this
chapter, whenever the Supervisor finds, after investigation, that
any user is causing, engaging in, or maintaining a condition or activity
which, in his judgement, present an imminent danger to the public
health, safety, or welfare, or to the environment, or is likely to
result in irreparable damage to the POTW or the environment, and it
therefore appears to be prejudicial to the public interest to delay
action until notice and an opportunity for a hearing can be provided,
the Village Board may, without prior hearing, order such user by notice,
in writing wherever practicable or in such other form as practices
are intended to be proscribed, to discontinue, abate, or alleviate
such condition or activity, and thereupon such person shall immediately
discontinue, abate, or alleviate such condition or activity; or where
the giving of notice is impracticable, or in the event of a user's
failure to comply voluntarily with an emergency order, the Supervisor
may take all appropriate action to abate the violating condition.
As promptly as possible thereafter, not to exceed 15 calendar days,
the Village Board shall provide the user an opportunity to be heard,
in accordance with the provisions of this article.
B.
The Supervisor, acting upon the belief that an emergency
exists, shall be indemnified against any personal liability that may
arise in the performance of his duties to protect the public health,
safety, or welfare, or to preserve the POTW.
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MISCELLANEOUS
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A.
If there shall be any payments which are due to the
Village of Clyde, or any department thereof, pursuant to any article
or section of this chapter, which shall remain due and unpaid, in
whole or in part, for a period of 20 calendar days from the date of
billing by the Village of Clyde, the same shall constitute a default,
and there shall be added to the entire amount of the original bill,
a penalty equal to 20% of the original bill, and interest shall accrue
on the unpaid balance, at the rate of 2% per month, retroactive to
the date of the original billing.
B.
In the event that there are any sewer taxes, assessments,
or other service charges which shall have been delinquent for a period
of at least 60 calendar days as of December 15 of any year, the Sewer
and Water Commissioner shall report the names of the defaulting persons
to the Village of Clyde Supervisor, the Village of Clyde Clerk, Chief
Assessor on or before December 15 of the same year. The Village of
Clyde Clerk is hereby directed to add the entire amount of the sewer
tax, assessment, or other service charge which shall be in default,
plus penalty and interest, as provided for in this chapter, to the
real property taxes due and owing to Village Of Clyde in the next
succeeding year, and the Village of Clyde Clerk is directed to collect
same in the same manner as real property taxes due and owing to the
Village of Clyde are collected. This section coincides with the provisions
of the Village of Clyde Charter, entitled Collection of Sewer Tax
and Water Rents; delinquent sewer tax and water rent to be paid with
the Village of Clyde real property tax.[1]
C.
Where charges are delinquent and the violator is not
a resident of the Village of Clyde, then the Village of Clyde Attorney
is authorized to seek recovery of charges, including punitive damages,
in a court of competent jurisdiction.
The Supervisor 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 Supervisor to be
necessary to achieve consistent compliance.
The Supervisor 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 Supervisor is authorized to pay up to $500
for information leading to the discovery of noncompliance by a user.
In the event that the information provided results in an administrative
fine or civil penalty levied against the user, the Supervisor is authorized
to disperse up to 10% of the collected fine or penalty to the informant.
However, a single reward payment may not exceed $10,000.
The Supervisor shall provide public notification,
in the daily newspaper with the largest circulation in the Village
of Clyde, of users which were significantly in violation of local
or federal pretreatment standards or requirements since the last such
notice. The frequency of such notices shall be at least once per year.
For the purposes of this section, a significant violation shall be
a violation:
A.
Which remains uncorrected 45 calendar days after notification
of noncompliance.
B.
Which is a part of a pattern of noncompliance over
the past twelve-month period.
C.
Which involves a failure to accurately report noncompliance.
D.
Which resulted in the Supervisor exercising his emergency
authority to halt or prevent any discharge which presents an imminent
danger to persons or property.
A.
Users which have not achieved consistent compliance
with applicable pretreatment standards and requirements are not eligible
to receive a contractual award for the sale of goods or services to
the Village of Clyde.
B.
Existing contracts for the sale of goods or services
to the Village of Clyde held by a user found to be in significant
violation with pretreatment standards may be terminated at the discretion
of the Village of Clyde Board.
