A.
The Superintendent and Village Engineer 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 Superintendent and Village Engineer will investigate
instances of noncompliance.
(2)
Describe the types of escalated enforcement actions that the Superintendent
or Village Engineer will take in response to all anticipated types
of user violations and the time periods within which to initiate and
follow up these actions adequately reflect the Village 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.
(4)
Criteria, responsible personnel and procedures to select and initiate
an enforcement action. The range of appropriate enforcement actions
shall be based on the nature and severity of the violation and other
relevant factors, such as magnitude of the violation, duration of
the violation, effect of the violation on the receiving water, effect
of the violation on the POTW, compliance history of the user and good
faith of the user, and shall promote consistent and timely use of
enforcement remedies.
D.
The Village 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.
A.
Notification of violation. Whenever the Superintendent finds that
any user has violated or is violating this Part 1 or any wastewater
discharge permit, order, prohibition, limitation or requirement permitted
by this Part 1, he 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 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 Village Board 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 order.
(1)
When the Superintendent finds that a user has violated or continues
to violate this Part 1 or a permit or order issued thereunder, he
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.
(2)
The user may, within 15 days of receipt of such order, petition the
Village Board to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Village Board by
registered mail. The Village Board may:
D.
Administrative fines.
(1)
Notwithstanding any other section of this Part 1, any user who is found to have violated any provision of this Part 1 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.
(2)
The user may, within 15 calendar days of notification of such fine,
petition the Village Board to modify or suspend the fine. Such petition
shall be in written form and shall be transmitted to the Village Board
by registered mail. The Village Board may:
E.
Cease-and-desist orders.
(1)
When the Superintendent finds that a user has violated or continues
to violate this Part 1 or any permit or order issued hereunder, the
Superintendent may issue an order to cease and desist all such violations
and direct those persons in noncompliance to:
(2)
The user may, within 15 days of receipt of such order, petition the
Village Board to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Village Board by
registered mail. The Village Board may:
F.
Termination of permit.
(1)
Any user who violates the following conditions of this Part 1 or
a wastewater discharge permit or order or any applicable or state
and federal law is subject to permit termination:
(a)
Violation of permit conditions.
(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.
(2)
Noncompliant industrial users will be notified, by registered mail,
of the proposed termination of their wastewater permit.
(3)
The user may, within 15 calendar days of receipt of such notification,
petition the Village Board to permit continued use of the POTW by
the user. Such petition shall be in written form and shall be transmitted
to the Village Board by registered mail. The Village Board may:
G.
Water supply severance.
(1)
Whenever a user has violated or continues to violate the provisions
of this Part 1 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.
(2)
The user may, within 15 days of severance, petition the Village Board
to reconnect water supply service. Such petition shall be in written
form and shall be transmitted to the Village Board by registered mail.
The Village Board may:
H.
Show cause hearing.
(1)
The Village Board may order any user appealing administrative remedies
for violations of this Part 1 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 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.
(2)
The Village Board may itself conduct the hearing and take evidence
or may designate any of its members or any officer or employee of
the Village to:
(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)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Village Board
for action thereon.
(3)
After the Village Board has reviewed the evidence, it may order the
user to comply with the order or fine, modify the order or fine, or
vacate the order or fine.
A.
Civil penalties. Any person who violates any of the provisions of or who fails to perform any duty imposed by this Part 1 or any order or determination of the Superintendent promulgated under this Part 1 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 held in conformance with the procedures set forth in this article. Each violation shall be a 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 other attorney appointed by the Village Board at the request of the Village Board in the name of the Village in any court of competent jurisdiction. In addition to the above-described penalty and damages, the Village Board may recover reasonable attorney's 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 Attorney, and where such matter has been referred to the Village Attorney or other attorney appointed by the Village Board, 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 or other attorney appointed by the Village Board, with the consent of the Village Board.
B.
Court orders.
(1)
In addition to the power to asses penalties as set forth in this
section, the Village Board 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 order shall be sought in an action brought by the Village
Attorney at the request of the Village Board in the name of the Village
in any court of competent jurisdiction.
(3)
The Village Board shall petition the court to impose, assess and
recover such sums imposed according to this section. 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 Part 1 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.
(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 Part
1 or wastewater permit or who falsifies, tampers with or knowingly
renders inaccurate any monitoring device or method required under
this Part 1 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.
(3)
No prosecution under this section shall be instituted until after
final disposition of a show cause hearing, if any, was instituted.
D.
Injunctive relief. Whenever a user has violated or continues to violate
the provisions of this Part 1 or permit or order issued hereunder,
the Village Board 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 Village Board.
E.
Damages. Any person violating any of the provisions of this Part
1 shall, in addition, be civilly liable to the Village for any expense,
loss or damage occasioned to the Village by reason of such violation.
F.
Summary abatement.
(1)
Notwithstanding any inconsistent provisions of this Part 1, whenever the Superintendent finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in his judgment, presents 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 Superintendent may, without prior hearing, order such user by notice in writing wherever practicable or in such other form as in the Superintendent's judgment will reasonably notify such person whose 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 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. The user shall be liable for all costs in abating any such condition.
(2)
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.
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 Part 1 which shall remain due and unpaid, in whole or in part, for a period of 30 calendar days from the date of billing by the Village, the same shall constitute a default, and there shall be added to the entire amount of the original bill a penalty equal to 5% of the original bill, and interest shall accrue on the unpaid balance at the rate of 1% 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 Village
Receiver of Taxes shall report the names of the defaulting persons
to the Village Supervisor, the Village Clerk, Village Assessor and
the Village Attorney on or before December 15 of the same year. The
Village Receiver of Taxes 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 Part
1, to the real property taxes due and owing to the Village in the
next succeeding year, and the Village Receiver of Taxes is directed
to collect the same in the same manner as real property taxes due
and owing to the Village are collected.
C.
Where charges are delinquent and the violator is not a resident of
the Village, then the Village Attorney is authorized to seek recovery
of charges, including punitive damages, in a court of competent jurisdiction.
A.
Performance bonds. The Superintendent may decline to reissue a permit
to any user which has failed to comply with the provisions of this
Part 1 or any order or previous permit issued hereunder unless such
user first files with it 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.
B.
Liability insurance. The Superintendent may decline to reissue a
permit to any user which has failed to comply with the provisions
of this Part 1 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 Village Board 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 Village Board is authorized
to disburse up to 1% of the collected fine or penalty to the informant.
However, a single reward payment may not exceed $1,000.
A.
The Superintendent shall provide public notification, in the official
newspaper of the Village, 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.
B.
For the purposes of this section, a "significant violation" shall
be a violation:
(1)
Which remains uncorrected 45 calendar days after notification of
noncompliance.
(2)
Which is a part of a pattern of noncompliance over the past twelve-month
period.
(3)
Which involves a failure to accurately report noncompliance.
(4)
Which resulted in the Superintendent exercising his emergency authority
to halt or prevent any discharge which presents an imminent danger
to persons or property.
