Whenever the Superintendent finds that any user has violated
or is violating this chapter, or any wastewater discharge permit,
order, prohibition, limitation, or requirement permitted by this chapter,
the Superintendent may serve upon such person a written notice stating
the nature of the violation. Within 10 calendar days of the date the
Superintendent mails the notice, the user shall submit to the Superintendent
an explanation of the violation and a plan for the satisfactory correction
and prevention thereof. 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.
A.
When the Superintendent finds that a user has violated or continues
to violate this chapter or any permit or administrative order issued
hereunder, the Superintendent may issue an administrative order to
cease and desist all such violations and direct those persons in noncompliance
to:
B.
The user may, within 15 calendar days of the date the Superintendent
mails notification of such order, petition the Superintendent to modify
or suspend the order. Such petition shall be in written form and shall
be transmitted to the Superintendent by registered mail. The Superintendent
shall then:
A.
Any user who violates the following conditions of this chapter or
a wastewater discharge permit or administrative order, or any applicable
or state and federal law, is subject to permit termination:
(1)
Violation of permit conditions or conditions of an administrative
order;
(2)
Failure to accurately report the wastewater constituents and characteristics
of its discharge;
(3)
Failure to report significant changes in operations or wastewater
constituents and characteristics;
(4)
Refusal of reasonable access to the user's premises for the purpose
of inspection, monitoring, or sampling; or
(5)
Failure to pay administrative fines, fees or user charges. Noncompliant
industrial users will be notified, by registered mail, of the proposed
termination of their wastewater permit.
B.
The user may, within 15 calendar days of the date the Superintendent
mails such notification, petition the Superintendent to permit continued
use of the POTW by the user. Such petition shall be in written form
and shall be transmitted to the Superintendent by registered mail.
The Superintendent shall then:
Whenever a user has violated or continues to violate the provisions
of this chapter or an order or permit issued hereunder, the Village
Board may direct that water service to the user be severed and service
will only recommence, at the user's expense, after it has satisfactorily
demonstrated its ability to comply. The user may petition the Superintendent
to reconnect water supply service. Such petition shall be in written
form and shall be transmitted to the Superintendent by registered
mail. The Superintendent shall then:
A.
The Superintendent 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 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, 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 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 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
(4)
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 Superintendent's order or
fine, modify the Superintendent's order or fine, or vacate the Superintendent's
order or fine.
In the event the Superintendent issues any administrative order,
terminates the user's permit, 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 Superintendent, 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 Superintendent 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 chapter shall be mailed to the user
where the user's effluent is discharged into transmission lines to
the Village's POTW. Any notice, petition, or other communication mailed
to the Superintendent shall be addressed and mailed to the Superintendent
at the Village Hall of the Village.
The Superintendent shall have the right, within the Superintendent's
sole discretion, to utilize any one or more appropriate administrative
remedies set forth in this article. The Superintendent may utilize
more than one administrative remedy established pursuant to this article,
and the Superintendent 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 Superintendent 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 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 his
designated attorney, at the request of the Superintendent, in the
name of the Village, in any court of competent jurisdiction with preference
to the Village Court.
B.
In addition to the above-described penalty, the Superintendent may
recover all damages incurred by the Village 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 Superintendent promulgated under this chapter,
or the terms of any permit issued hereunder. In addition to the above
described damages, the Superintendent may recover all reasonable attorney's
fees incurred by the Village in enforcing the provisions of this article,
including reasonable attorney's fees incurred in any action to recover
penalties and damages, and the Superintendent may also recover court
costs, and other expenses associated with the enforcement activities,
including sampling and monitoring expenses.
C.
In determining the amount of 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.
D.
Such civil penalty may be released or compromised by the Superintendent
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 Superintendent and the Village Board.
A.
Procedures.
(1)
In addition to the power to assess penalties as set forth in this
article, the Superintendent 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 court order shall be sought in an action brought by the
Village Attorney, at the request of the Superintendent, in the name
of the Village, in any court of competent jurisdiction giving precedence
to courts local to the Village.
B.
The Village Attorney, at the request of the Superintendent, 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 Superintendent
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 wastewater permit, 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. No prosecution
under this section shall be instituted until after final disposition
of a show-cause hearing, if any was instituted.
A.
Whenever a user has violated or continues to violate the provisions
of this law or permit or order issued hereunder, the Superintendent,
through counsel and upon the authorization of the Village Board, 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 Superintendent.
B.
If, in the determination of the Superintendent and the Village Board,
the violation warrants immediate relief, the Village may petition
the Court for the issuance of injunctive relief without the requirement
of conducting any prior administrative proceedings or hearings.
A.
Notwithstanding any inconsistent provisions of this chapter, whenever
the Superintendent finds, after investigation, that any user is causing,
engaging in, or maintaining a condition or activity which, in the
judgment of the Superintendent, 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 Superintendent may, 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 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.
B.
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 or the environment.
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 chapter,
which shall remain due and unpaid, in whole or in part, for a period
of 20 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 interest 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 rents, 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 Superintendent
shall report the names of the defaulting persons to the Village Manager,
the Village Clerk, the Village Assessor, and the Village Treasurer
on or before December 15 of the same year. The Village Assessor is
hereby directed to add the entire amount of the sewer rents, assessment,
or other service charge which shall be in default, plus interest,
as provided for in this chapter, to the real property taxes due and
owing to the Village in the next succeeding year, and the Village
Assessor 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, or is located outside the geographical boundaries of
the Village, then the Village Attorney is authorized to seek recovery
of charges, including punitive damages, in a court of competent jurisdiction
or make arrangements with the appropriate county where the user is
located to add the amount of the sewer assessment or other charges
which shall be in default, plus penalty and interest, as provided
for in the chapter, to the real property taxes due to the county in
the next ensuing year.
The Superintendent may decline to reissue a permit to any user
which has failed to comply with the provisions of this chapter or
any order or previous permit issued hereunder unless such user first
files with it a satisfactory bond, payable to the POTW, in a sum not
to exceed a value determined by the Superintendent to be necessary
to achieve consistent compliance.
The Superintendent may decline to reissue a permit to any user
which has failed to comply with the provisions of this chapter, 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.