Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the MS4, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the authorized enforcement agency within seven business days of the phone or personal notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Failure to provide notification of a release as provided above is a violation of this Part
3.
Any person receiving a notice of violation may appeal the determination
of the authorized enforcement agency. The notice of appeal must be
received by the Village Clerk within seven days from the date of the
notice of violation. The appeal shall be heard by the Village Board
or the Board's designee, and such appeal shall take place within 30
days from the date of receipt of the notice of appeal. The decision
of the Village Board or its designee shall be final.
If the violation has not been corrected pursuant to the requirements
set forth in the notice of violation, or, in the event of an appeal,
within 30 days of the decision of the Village Board (or the Board's
designee) upholding the decision of the authorized enforcement agency,
then representatives of the authorized enforcement agency shall have
the right to enter upon the subject private property to take any and
all measures necessary to abate the violation and/or restore the property.
It shall be unlawful for any person, owner, agent or person in possession
of any premises to refuse to allow the authorized enforcement agency
or designated contractor to enter upon the premises for the purposes
set forth above.
Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file with the Village Clerk within 30 days a written protest objecting to the amount of the assessment, which protest shall be reviewed by the Village Board. If the amount due is not paid within a timely manner as determined by the decision of the Village Board or by the expiration of the time in which to file an appeal, the charges shall become an assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this Part
3 shall become liable to the authorized enforcement agency by reason of such violation. The Village Board may authorize a violating property owner to pay such assessment liability in not more than 12 equal monthly payments. Interest at the rate of prime plus 1% per annum shall be assessed on the balance beginning 30 days following issuance of the notice of cost of abatement.
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Part
3 is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
The remedies listed in this Part
3 are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the Village or any other authorized enforcement agency to seek cumulative remedies. The Village or any other authorized enforcement agency may recover all attorneys' fees court costs and other expenses associated with enforcement of this Part
3, including sampling and monitoring expenses.