A.
The Village shall prepare, or cause to be prepared, an enforcement
response plan. The enforcement response plan in a step-by-step fashion
shall outline the procedures to be followed to identify, document,
and respond to violations by users of the POTW. All violations by
users of the POTW shall be met with some type of enforcement response.
The response shall be comprehensive and effective.
B.
The enforcement response plan shall:
(1)
Describe how the Superintendent will investigate instances of noncompliance;
(2)
Describe the types of escalated enforcement actions that the Superintendent
will take in response to all anticipated types of user violations
and the time periods within which to initiate and follow-up these
actions; and
(3)
Adequately reflect the Village Board's responsibility to enforce
all applicable standards and requirements.
C.
The enforcement response plan shall contain:
(1)
Criteria for scheduling periodic inspection and/or sampling visits
to POTW users;
(2)
Forms and guidelines for documenting compliance data in a manner
which will enable the information to be used as evidence;
(3)
Systems to track due dates, compliance schedule milestones, and pending
enforcement actions; and
(4)
Criteria, responsible personnel, and procedures to select and initiate
an enforcement action.
D.
The range of appropriate enforcement actions shall be based on the
nature and severity of the violation and other relevant factors, such
as:
E.
And shall promote consistent and timely use of enforcement remedies.
F.
The Village Board shall approve the enforcement response plan. The
enforcement response plan provides for a consistent and timely approach
to enforcement, and the Board's approval is not needed before an enforcement
action is undertaken. The enforcement response plan shall be reviewed
at least every five years.
A.
Notification of violation.
(1)
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 of
the notice, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof shall be submitted to the Superintendent
by the user.
(2)
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.
B.
Consent orders. 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 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.
C.
Administrative or compliance order.
(1)
When the Superintendent finds that a user has violated or continues
to violate this chapter or a permit or order issued thereunder, he
may issue an order to the user responsible for the discharge direction
that, following a specified time period, sewer service shall be discontinued
unless the violation is corrected and that there is no reoccurrence
of the violation. 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.
(2)
The user may, within 15 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 may:
D.
Administrative fines.
(1)
Notwithstanding any other section of this chapter, any user who is
found to have violated any provision of this chapter, or permits and
orders 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.
(2)
The user may, within 15 calendar days of notification of such fine,
petition the Superintendent to modify or suspend the fine. Such petition
shall be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent may:
E.
Cease-and-desist orders.
(1)
When the Superintendent finds that a user has violated or continues
to violate this chapter or any permit or order issued hereunder, the
Superintendent may issue an order to cease and desist all such violations
and direct those persons in noncompliance to:
(2)
The user may, within 15 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 may:
F.
Termination of permit.
(1)
Any user who violates the following conditions of this chapter or
a wastewater discharge permit or order, or any applicable or state
and federal law, is subject to permit termination:
(a)
Violation of permit conditions.
(b)
Failure to accurately report the wastewater constituents and
characteristics of its discharge.
(c)
Failure to report significant changes in operations or wastewater
constituents and characteristics.
(d)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling.
(2)
Noncompliant industrial users will be notified, by registered mail,
of the proposed termination of their wastewater permit. The user may,
within 15 calendar days of receipt of 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 may:
G.
Water supply severance.
(1)
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.
(2)
The user may, within 15 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 may:
H.
Show cause hearing.
(1)
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 personally or by registered
or certified mail (return receipt requested) at least 10 calendar
days before the hearing. Service may be made on any principal or executive
officer of a user's establishment or to any partner in a user's establishment.
(2)
The Village Board may itself conduct the hearing and take evidence,
or may designate any of its members or any officer or employee of
the Department of Public Works to:
(a)
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;
(b)
Take the evidence;
(c)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Village Board
for action thereon.
(3)
After the Village Board has reviewed the evidence, 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.
A.
Civil penalties. Any person who violates any of the provisions of
or who fails to perform any duty imposed by this chapter, or any 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 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 at the
request of the Superintendent in the name of the Village in any court
of competent jurisdiction. In addition to the above-described penalty
and damages, the Superintendent may recover reasonable attorneys'
fees, court costs, and other expenses associated with the enforcement
activities, including sampling and monitoring expenses. 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.
B.
Court orders.
(1)
In addition to the power to assess penalties as set forth in this
section, 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 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.
(3)
The Superintendent shall petition the court to impose, assess, and
recover such sums imposed according to this section. 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.
C.
Criminal penalties.
(1)
Any person who willfully violates any provision of this chapter or
any final determination or order of the Superintendent made in accordance
with this article shall, in addition, 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. 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. In the event
of a second conviction, the user shall be punishable by a fine not
to exceed $3,000 per violation per day or imprisonment for not more
than three years, or both.
(2)
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, upon conviction, 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. In the event of a second conviction, the user
shall be punishable by a fine not to exceed $3,000 per violation per
day or imprisonment for not more than three years, or both.
(3)
No prosecution under this section shall be instituted until after
final disposition of a show cause hearing, if any, was instituted.
D.
Injunctive relief. 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.
E.
Damages. Any person violating any of the provisions of this chapter
shall, in addition, be civilly liable to the Village for any expense,
loss, or damage occasioned to the Village by reason of such violation.
F.
Summary abatement.
(1)
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 his
judgment, present an imminent danger to the public health, safety,
or welfare, or to the environment, or is likely to result in irreparable
damage to the POTW or the environment, and it therefore appears to
be prejudicial to the public interest to delay action 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.
(2)
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.
A.
Delinquent payments. All bills are due and payable within 30 days
from the date rendered.
(1)
A penalty of 12% will be added to the bill if not paid within the
thirty-day period. Failure to receive bill will not be accepted as
an excuse to avoid paying the penalty.
(2)
Partial payments will be accepted; however, any portion outstanding
after the due date will be charged the late penalty.
(3)
No charge for sewer service will be less than the minimum charge
contained in the rate schedule.
(4)
In the event that there are any sewer taxes, assessments, or other
service charges which shall have been delinquent for a period of at
least 60 calendar days as of April 30 of any year, the Village Clerk/Treasurer
is hereby directed to add the entire amount of the sewer tax, assessment,
or other service charge which shall be in default, plus penalty, as
provided for in this chapter, to the real property taxes due and owing
to Village in the next succeeding year, and the Village Clerk/Treasurer
is directed to collect same in the same manner as real property taxes
due and owing to the Village are collected.
(5)
Where charges are delinquent and the violator is not a resident of
the Village, then the Village Attorney is authorized to seek recovery
of charges, including punitive damages, in a court of competent jurisdiction.
B.
Performance bonds. 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.
C.
Liability insurance. 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.
D.
Informant rewards. The Superintendent is authorized to pay up to
$500 for information leading to the discovery of noncompliance by
a user. In the event that the information provided results in an administrative
fine or civil penalty levied against the user, the Superintendent
is authorized to disburse up to 10% of the collected fine or penalty
to the informant. However, a single reward payment may not exceed
$101,000.
E.
Public notification. The Superintendent shall provide public notification,
in the daily newspaper with the largest circulation in the Village,
of users which were significantly in violation of local or federal
pretreatment standards or requirements since the last such notice.
The frequency of such notices shall be at least once per year. For
the purposes of this section, a "significant violation" shall be a
violation:
(1)
Which remains uncorrected 45 calendar days after notification of
noncompliance.
(2)
Which is a part of a pattern of noncompliance over the past twelve-month
period.
(3)
Which involves a failure to accurately report noncompliance.
(4)
Which resulted in the Superintendent exercising his emergency authority
to halt or prevent any discharge which presents an imminent danger
to persons or property.
F.
Contractor listings.
(1)
Users which have not achieved consistent compliance with applicable
pretreatment standards and requirements are not eligible to receive
a contractual award for the sale of goods or services to the Village.
(2)
Existing contracts for the sale of goods or services to the Village
held by a user found to be in significant violation with pretreatment
standards may be terminated at the discretion of the Village Board.
