The Superintendent 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.
A.
The enforcement response plan shall:
(1)
Describe how the Superintendent will investigate instances
of noncompliance.
(2)
Describe the types of escalated enforcement actions
that the Superintendent 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 Board's responsibility
to enforce all applicable standards and requirements.
B.
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.
(4)
Criteria, responsible personnel, and procedures to
select and initiate an enforcement action.
C.
The range of appropriate enforcement actions shall
be based on the nature and severity of the violation and other relevant
factors, such as the following, and shall promote consistent and timely
use of enforcement remedies:
D.
The Village Board shall approve the enforcement response
plan. The enforcement response plan shall be reviewed at least every
five years.
A.
Notification of violation. 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.
B.
Consent orders. 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.
C.
Administrative or compliance orders. When the Superintendent
finds that a user has violated or continues to violate this chapter
or a permit or administrative order issued thereunder, he/she may
issue an administrative order to the user responsible for the discharge
directing that, following a specified time period, sewer service shall
be discontinued, severed and abated unless the violation is corrected.
Administrative 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
calendar days of receipt of such order, petition the Superintendent
to modify or suspend the order. Such petition shall be in written
form and shall be transmitted to the Superintendent by registered
mail. The Superintendent shall then:
D.
Administrative fines. Notwithstanding any other section
of this chapter, any user who is found to have violated any provision
of this chapter, or a wastewater discharge permit or administrative
order 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. The
user may, within 15 calendar days of notification of the Superintendent's
notice of such fine, petition the Superintendent to modify or suspend
the order. Such petition shall be in written form and shall be transmitted
to the Superintendent by registered mail. The Superintendent shall
then:
E.
Cease and desist orders.
(1)
When the Superintendent finds that a user has violated
or continues to violate this chapter or any permit or administrative
order issued hereunder, the Superintendent may issue an administrative
order to cease and desist all such violations and direct those persons
in noncompliance to:
(2)
The user may, within 15 calendar days of the date
the Superintendent mails notification of such order, petition the
Superintendent to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent shall then:
F.
Termination of permit.
(1)
Any user who violates the following conditions of
this chapter or a wastewater discharge permit or administrative order,
or any applicable or state and federal law, is subject to permit termination:
(a)
Violation of permit conditions or conditions
of an administrative order;
(b)
Failure to accurately report the wastewater
constituents and characteristics of its discharge;
(c)
Failure to report significant changes in operations
or wastewater constituents and characteristics;
(d)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring, or sampling; or
(e)
Failure to pay administrative fines, fees or
user charges.
(2)
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 the date the Superintendent
mails such notification, petition the Superintendent to permit continued
use of the POTW by the user. Such petition shall be in written form
and shall be transmitted to the Superintendent by registered mail.
The Superintendent shall then:
G.
Water supply severance. 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 calendar days of severance, petition the Superintendent
to reconnect water supply service. Such petition shall be in written
form and shall be transmitted to the Superintendent by registered
mail. The Superintendent shall then:
H.
Show cause hearing. The Superintendent may order any user appealing administrative remedies for violations of this chapter to show cause, before the Village Board, why an enforcement action, initiated by the Superintendent, 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 Board regarding the violation, the reasons why the action is to be taken, and the proposed enforcement action and directing the user to show cause before the Village Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing in accordance with Subsection J of this section. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment.
(1)
The Village Board may itself conduct the hearing or
may designate any of its members or any officer or employee of the
Village to conduct the hearing and:
(a)
Issue, in the name of the Village Board, notices
of hearings requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in such
hearings.
(b)
Take the evidence.
(c)
Take sworn testimony.
(d)
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to the Village Board for action thereon.
(2)
After the Village Board has reviewed the evidence
and testimony, it may order the user to comply with the Superintendent's
order or fine, modify the Superintendent's order or fine, or vacate
the Superintendent's order or fine.
I.
Failure of user to petition the Superintendent. 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.
J.
Notice. 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 Altamont.
K.
Right to choose multiple remedies. 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.
A.
Civil actions for penalties. Any person who violates
any of the provisions of or who fails to perform any duty imposed
by this chapter, or any administrative order or determination of the
Superintendent promulgated under this chapter, or the terms of any
permit issued hereunder, shall be liable to the Village for a civil
penalty not to exceed $1,000 for each such violation, to be assessed
after a hearing (unless the user waives the right to 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 Attorney, or his designated attorney,
at the request of the Superintendent in the name of the Village in
any court of competent jurisdiction, giving preference to courts local
to the Village. In addition to the above-described penalty, the Superintendent
may recover all damages incurred by the Village from any persons or
users who or which violate any provisions of this chapter or who or
which fail to perform any duties imposed by this chapter, or any administrative
order or determination of the Superintendent promulgated under this
chapter, or the terms of any permit issued hereunder. In addition
to the above-described damages, the Superintendent may recover all
reasonable attorney fees incurred by the Village in enforcing the
provisions of this article, including reasonable attorney fees incurred
in any action to recover penalties and damages, and the Superintendent
may also recover court costs and other expenses associated with the
enforcement activities, including sampling and monitoring expenses.
(1)
In determining the amount of civil penalty, the court
shall take into account all relative 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 relative factors as justice may require.
(2)
Such civil penalty may be released or compromised
by the Superintendent before the matter has been referred to the Village
Attorney, and where such matter has been referred to the Village 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
Attorney, with the consent of the Superintendent.
B.
Court orders.
(1)
In addition to the power to assess penalties as set
forth in this article, the Superintendent shall have the power, following
the hearing held in conformance with the procedures set forth in this
article, to seek an order:
(2)
Any such court order shall be sought in an action
brought by the Village Attorney, at the request of the Superintendent,
in the name of the Village, in any court of competent jurisdiction,
giving preference to courts local to the Village.
(3)
The Village Attorney, at the request of the Superintendent,
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.
C.
Criminal penalties.
(1)
Any person who willfully violates any provision of
this chapter or any final determination or administrative order of
the Superintendent made in accordance with this article shall be guilty
of a Class A misdemeanor and, upon conviction thereof, shall be punished
by a fine of not less than $500 nor more than $1,000 or imprisonment
for not more than one year, or both. 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.
[Amended 1-5-2010 by L.L.
No. 1-2010]
(2)
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 be guilty of a Class A misdemeanor and, upon
conviction, shall be punished by a fine of not more than $1,000 or
imprisonment for not more than one year, or both, per violation per
day.
[Amended 1-5-2010 by L.L.
No. 1-2010]
(3)
No prosecution under this section shall be instituted
until after final disposition of a show cause hearing, if any, was
instituted.
D.
Additional injunctive relief. 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 by the Superintendent.
E.
Summary abatement.
(1)
Notwithstanding any inconsistent provisions of this
chapter, whenever the Superintendent finds, after investigation, that
any user is causing, engaging in, or maintaining a condition or activity
which, in the judgment of the Superintendent, presents an imminent
danger to the public health, safety, or welfare, or to the environment,
or is likely to result in severe damage to the POTW or the environment,
and it therefore appears to be prejudicial to the public interest
to allow the condition or activity to go unabated until notice and
an opportunity for a hearing can be provided, the Superintendent may,
without prior hearing, order such user by notice, in writing wherever
practicable, 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 Superintendent may
take all appropriate action to abate the violating condition. As promptly
as possible thereafter, not to exceed 15 calendar days, the Superintendent
shall provide the user an opportunity to be heard, in accordance with
the provisions of this article.
(2)
If the user is not within the geographic boundaries
of the Village and if an intermunicipal agreement is in effect which
contains provisions for summary abatement, the right of summary abatement
to discontinue, abate, or alleviate conditions or activities shall
be that prescribed in such intermunicipal agreement.
(3)
The Superintendent, 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 or the environment.
A.
If there shall be any payments which are due to the
Village, or any department thereof, pursuant to any article or section
of this chapter which shall remain due and unpaid, in whole or in
part, on the first day of the month after said sewer bill was due
to be paid, the same shall constitute a default, and there shall be
added to the entire amount of the original bill a penalty equal to
10% of the original bill.
B.
In the event that there are any sewer taxes, assessments,
or other service charges which are delinquent on March 15 of each
year, the Village shall relevy the unpaid amount to be added to the
Village general tax. The Village Treasurer shall also enforce the
collection of any and all fees, including any additional penalty the
Village Board shall authorize. Where charges are delinquent and the
violator is not a resident of the Village or is located outside the
geographical boundaries of the Village, then the Village Attorney
is authorized to seek recovery of charges, including punitive damages,
in a court of competent jurisdiction or make arrangements with the
appropriate county where the user is located to add the amount of
the sewer assessment or other charges which shall be in default, plus
penalty as provided for in this chapter, to the real property taxes
due to the county in the next ensuing year.
[Amended 12-4-2012 by L.L. No. 3-2012]
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 a satisfactory bond, payable to the Village,
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 any POTW damage which has been determined
to be caused by the user's discharge.
The Superintendent shall provide public notification,
in the daily newspaper with the largest circulation in 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.
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.
