A.
Any person who violates any of the provisions of or who fails to
perform any duty imposed by this chapter, any order or determination
of the Superintendent promulgated under this chapter, or the terms
of any wastewater discharge permit issued hereunder shall be liable
to the Village for a civil penalty not to exceed $1,000 for each such
violation. 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
designated attorney, at the request of the Superintendent in the name
of the Village, in any court of competent jurisdiction giving preference
to courts local to the Village. 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.
B.
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.
C.
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. Filing a suit for civil penalties
shall not be a bar to or a prerequisite for taking any other action
against the user.
A.
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:
B.
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. 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 user who willfully or with criminal negligence violates any provision
of this chapter or any final determination or order of the Superintendent
made in accordance with this article shall be guilty of 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 six months,
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 discharge permit, or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method required
under this chapter may be subject to criminal charge and, upon conviction,
be subject to a sentence of imprisonment or fine, or both.
Whenever a user has violated or continues to violate the provisions
of this chapter or permit or order issued hereunder, the Superintendent,
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
Superintendent.
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 prescribed,
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.
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 prescribed in the intermunicipal
agreement.
C.
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.
