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 or his designee may serve upon such user a written
notice stating the nature of the violation. Within 10 calendar days
of the date the Superintendent mails the notice, an explanation of
the violation and a plan for the satisfactory correction and prevention
thereof to include specific required actions shall be submitted by
the user to the Superintendent. Submission of this plan in no way
relieves the user of liability for any violations occurring before
or after receipt of the notice of violation. Nothing in this article
shall limit the authority of the Superintendent to take any action,
including emergency action, or any other enforcement action, without
first issuing a notice of violation.
The Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Such documents shall have the same force and effect as an administrative order issued pursuant to § 145-97 of this chapter and shall be judicially enforceable.
A.
When the Superintendent finds that a user has violated or continues
to violate this chapter or a wastewater discharge permit or order
issued under this chapter, he may issue an administrative order to
the user responsible for the discharge directing that the user come
into compliance within seven days or a shorter period when, in the
Superintendent's discretion, same is required. If the user does
not come into compliance within said period, sewer service shall be
discontinued unless adequate treatment facilities, devices or other
related appurtenances are installed and properly operated. 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 designed to minimize the amount of pollutants
discharged to the POTW. An administrative order does not extend the
deadline for compliance established of a pretreatment standard or
requirement, nor does an administrative order release the user of
liability for any violation, including any continuing violation. Issuance
of a compliance order shall not be a prerequisite to taking any other
action against the user.
B.
The user may, within 15 calendar days of receipt 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.
Notwithstanding any other section of this chapter, any user who is
found to have violated any provision of this chapter or a wastewater
discharge permit or order issued hereunder or any other pretreatment
standard or requirement shall be fined in an amount not to exceed
$1,000 per violation per day. Each day that a violation occurs shall
be considered a separate violation. In the case of monthly or other
long-term average discharge limits, fines shall be assessed for each
day during the period of violation.
B.
Assessments may be added to the user's next scheduled sewer
service charge, and the Superintendent shall have such other collection
remedies as may be available for other service charges and fees.
C.
Unpaid charges, fines and penalties shall, after 30 calendar days,
be assessed an additional penalty of 2% of the unpaid balance, and
the interest shall accrue thereafter at a rate of 9% per annum. A
lien against the user's property may be sought for unpaid charges,
fines, and penalties.
D.
The user may, within 15 calendar days of notification of the Superintendent's
notice of such fine, 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:
E.
Issuance of an administrative fine shall not be a prerequisite for
taking any other action against the user. Issuance of an administrative
fine shall not preclude any other enforcement action.
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
state and federal law, is subject to permit termination:
(1)
Violation of wastewater discharge 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.
(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:
(1)
Reject any frivolous petitions.
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.
B.
The user may, within 15 calendar days of severance, 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:
The Superintendent may order any user which has violated or
continues to violate this chapter, a wastewater discharge permit or
order issued under this chapter to show cause, before the Superintendent,
why a proposed enforcement action should not be taken. A notice shall
be served on the user specifying the time and place of a hearing,
the reasons why the action is to be taken, the proposed enforcement
action, and directing the user to show cause why the proposed enforcement
action should not be taken. The notice of the hearing shall be served
personally or by registered or certified mail (return receipt requested)
at least seven calendar days before the hearing. Service shall be
made on any authorized representative of the user. Whether or not
the user appears as ordered, immediate enforcement action may be pursued
following the hearing date. A show cause hearing shall not be a prerequisite
for taking any other action against the user and the issuance of same
shall not preclude any other action while resolution of the show cause
order is pending.
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
Village Hall.
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.
