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.
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. Reject any frivolous petitions;
B. Reconnect the water supply; or
C. Order the petitioner to show cause in accordance with this article
and may, as part of the show-cause notice, request the user to supply
additional information.
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.
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.