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.
A. 
When the CEO finds that a user has violated or continues to violate this chapter or a permit or administrative order issued thereunder, he may, subject to the approval of the Mayor, 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 and that there is no reoccurrence of the violation. 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.
B. 
The User may, within 15 calendar days of receipt of such order, petition the CEO to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the CEO by registered mail. The CEO, upon approval of the Mayor, shall then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the order; or
(3) 
Order the petitioner to show cause in accordance with § 113-79 and may as part of the show cause notice request the user to supply additional information.
A. 
Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter, or an 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.
B. 
The user may, within 15 calendar days of notification of the CEO's notice of such fine, petition the CEO to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the CEO by registered mail. The CEO shall, upon approval of the Mayor, then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the fine; or
(3) 
Order the petitioner to show cause in accordance with § 113-79 and may as part of the show cause notice request the user to supply additional information.
A. 
When the CEO finds that a user has violated or continues to violate this chapter or any permit or administrative order issued hereunder, the CEO may issue an administrative order to cease and desist all such violations and direct those persons in noncompliance to:
(1) 
Comply forthwith;
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge.
B. 
The user may, within 15 calendar days of the date the CEO mails notification of such order, petition the CEO to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the CEO by registered mail. The CEO, upon approval of the Mayor, shall then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the order;
(3) 
Order the petitioner to show cause in accordance with § 113-79 and may as part of the show cause notice request the user to supply additional information.
A. 
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 CEO to reconnect water supply service. Such petition shall be in written form and shall be transmitted to the CEO by registered mail. The CEO shall, upon approval by the Mayor, then:
(1) 
Reject any frivolous petitions;
(2) 
Reconnect the water supply; or
(3) 
Order the petitioner to show cause in accordance with § 113-79 and may as part of the show cause notice request the user to supply additional information.
A. 
The CEO 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 CEO, 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 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 § 113-81 of this article. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment. The notice of the hearing shall be served at least 10 calendar days before the hearing, in accordance with § 113-81. 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:
(1) 
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;
(2) 
Take the evidence;
(3) 
Take sworn testimony and transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Village Board for action thereon.
B. 
After the Village Board has reviewed the evidence and testimony, it may order the user to comply with the CEO's order or fine, modify the CEO's order or fine, or vacate the CEO's order or fine.
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.
A. 
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 CEO 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 Mayor in the name of the Village, in any court of competent jurisdiction, giving preference to courts local to the Village of Fair Haven. In addition to the above described penalty, the Village may recover all damages incurred from any persons or users who violate any provisions of this chapter, or who fail to perform any duties imposed by this chapter or any administrative order or determination of the CEO promulgated under this chapter, or the terms of any permit issued hereunder. In addition to the above-described damages, the Village may recover all reasonable attorney's fees incurred in enforcing the provisions of this article, including reasonable attorney's fees incurred in any action to recover penalties and damages, and the Village may also recover court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
B. 
In determining the amount of the 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.
C. 
Such civil penalty may be released or compromised by the CEO, upon approval of the Mayor, 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 Mayor of Fair Haven.
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.
A. 
Any person who willfully violates any provision of this chapter or any final determination or administrative order of the CEO 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 not to exceed 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.
B. 
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 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 per violation per day or imprisonment for not more than one year, or both.
C. 
No prosecution under this section shall be instituted until after final disposition of a show cause hearing, if any, was instituted.
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.
A. 
Notwithstanding any inconsistent provisions of this chapter, whenever the CEO finds, after investigation, that any user is causing, engaging in, or maintaining a condition or activity which, in the judgment of the CEO, 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 CEO may, with the approval and consent of the Mayor, and without prior hearing, order such user by notice, in writing wherever practicable or in such other form as 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 CEO may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 calendar days, the CEO shall provide the user an opportunity to be heard, in accordance with the provisions of this article.
B. 
If the user is not within the geographic boundaries of the Village, the right of summary abatement to discontinue, abate, or alleviate conditions or activities shall be those limited by intermunicipal agreement with the municipality in which the user is located.
C. 
The CEO, 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.