When the Superintendent finds that any user has violated or is violating this Part 1, a wastewater discharge permit or any prohibition, limitation or requirement contained in this Part 1, the Superintendent may serve upon such person a written notice stating the nature of the violation. Within 15 days of the date of notice, a plan for the satisfactory correction thereof shall be submitted to the Superintendent, by the user.
A. 
The Superintendent may order any user who causes or allows an unauthorized discharge to show cause, before the Village Board, why enforcement action 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 days before the hearing. Service may be made on any agent or officer of a corporation.
B. 
The Village Board may itself conduct the hearing and take evidence or may designate, in each instance, any of its members or the Superintendent of the Department of Public Works to:
(1) 
Issue, in the name of Village Board, notices of hearing 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) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Village Board for action thereon.
C. 
After the Village Board has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, which time period shall be within the sole discretion of the Village Board, the sewer service to be disconnected unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing pretreatment facilities, devices or other related appurtenances are properly operated. Further orders and directives, as are necessary and appropriate, may be issued. The directions in this order shall not violate § 135-102.
A. 
Any person who violates any of the provisions of or who fails to perform any duty imposed by this Part 1 or any order or determination of the Superintendent or Village Board promulgated under this Part 1 or the terms of any permit issued hereunder shall be liable to the Village for a civil penalty of at least $300 and not to exceed $500 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 a separate and distinct violation and, in the case of continuing violation, each days' 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 Village Board in the name of the Village in any court of competent jurisdiction. Such civil penalty may be released or compromised by the Village Board 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 Attorney, with the consent of the Superintendent and the Village Board.
B. 
In addition to the power to assess penalties as set forth in Subsection A, the Superintendent shall have the power, following a hearing held in conformance with the procedures set forth in Article X of this Part 1, to issue an order suspending, revoking or modifying the violator's wastewater discharge permit; and enjoining the violator from continuing the violation. Any such order of the Superintendent shall be enforceable in an action brought by the Village Attorney at the request of the Village Board in the name of Village, in any court of competent jurisdiction.
C. 
Any civil penalty or order issued by the Superintendent or Village Board pursuant to this section shall be reviewable in a proceeding pursuant to Article 78 of the CPLR. Application for such review must be made within 60 days after service in person or by mail of a copy of the determination or order upon the attorney of record of the applicant and of each person who has filed a notice of appearance or the applicant in person if not directly represented by an attorney.
A. 
Any person who willfully violates any provision of this Part 1 or any final determination or order of the Superintendent made in accordance with this Part 1 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 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 days' continuance thereof shall be deemed a separate and distinct offense.
[Amended 9-23-1997 by L.L. No. 3-1997]
B. 
No prosecution under this section shall be instituted until final disposition of an appeal or review, if any, provided by § 135-105C.
Any person violating any of the provisions of this Part 1 shall, in addition, be civilly liable to the Village for any expense, loss or damage occasioned to the Village by reason of such violation.
The Village Attorney, at the request of the Village Board, shall have the right to seek equitable relief in the name of the Village to restrain the violation of or to compel compliance with any order or determination issued thereunder by the Superintendent or Village Board.
A. 
Notwithstanding any inconsistent provisions of this Part 1, whenever the Superintendent or Village Board finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in his judgment, presents an imminent danger to the public health, safety or welfare or to the environment or is likely to result in irreversible or 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 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 preserve the POTW.
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 Part 1, 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 a penalty equal to 20% of the original bill, and interest shall accrue on the unpaid balance at the rate of 2% per month, retroactive to the date of the original billing.
B. 
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 December 15 of any year, the Village Clerk shall report the names of the defaulting persons to the Village Board on or before December 15 of the same year. The Village Clerk is hereby directed to add the entire amount of the sewer tax, assessment, or other service charge which shall be in default, plus penalty and interest, as provided for in this Part 1, to the real property taxes due and owing to the Village in the next succeeding year, and the Village Clerk 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, then, at the request of the Village Board, the Village Attorney is authorized to seek recovery of charges, including punitive damages, in a court of competent jurisdiction.
The Superintendent shall provide public notification in the official newspaper of industrial users which were significantly in violation of local or federal pretreatment standards or requirements since the last such notice. The frequency of such notice shall be at least once per year. For the purposes of this section, a significant violation shall be a violation:
A. 
Which remains uncorrected 30 days after notification of noncompliance;
B. 
Which is a part of a pattern of noncompliance over the past twelve-month period;
C. 
Which involves a failure to accurately report noncompliance; and/or
D. 
Which resulted in the Superintendent exercising his emergency authority to halt or prevent any discharge which presents an imminent danger to persons or property.