Whenever the CEO finds that any user has violated or is violating
this chapter, or any order, prohibition, limitation, or requirement
permitted by this chapter, the CEO may serve upon such person a written
notice stating the nature of the violation. Within 10 calendar days
of the date the CEO mails the notice, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof
shall be submitted to the CEO 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 CEO is hereby empowered, subject to approval of the Mayor,
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.
In the event the CEO issues any administrative order, 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 CEO, 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.
The notices, orders, petitions, or other notification which
the user or CEO 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 article shall be mailed to the user where
the user's effluent is discharged into transmission lines of
the POTW. Any notice, petition, or other communication mailed to the
CEO shall be addressed and mailed to the Village Hall of the Village
of Fair Haven.
The CEO shall have the right, within the CEO's sole discretion,
to utilize any one or more appropriate administrative remedies set
forth in this article. The CEO may utilize more than one administrative
remedy established pursuant to this article, and the CEO may hold
one show cause hearing combining more than one enforcement action.
In addition to the power to assess penalties as set forth in
this article, the Village shall have the power, following the hearing
held in conformance with the procedures set forth in this article,
to seek an order enjoining the violator from continuing the violation.
A. Any such court order shall be sought in an action brought by the
Village Attorney, at the request of the Mayor, in the name of the
Village, in any court of competent jurisdiction, giving precedence
to courts local to the Village of Fair Haven.
B. The Village Attorney, at the request of the Mayor, 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.
Whenever a user has violated or continues to violate the provisions
of this chapter or a permit or order issued hereunder, the Village,
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 CEO.