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.