A. 
The superintendent shall prepare an enforcement response plan. The enforcement response plan 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 how 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) 
Form 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:
(1) 
Magnitude of the violation;
(2) 
Duration of the violation;
(3) 
Effect of the violation on the receiving water;
(4) 
Effect of the violation on the POTW;
(5) 
Effect of the violation on the health and safety of the POTW employees;
(6) 
Compliance history of the user;
(7) 
Good faith of the user; and
(8) 
Shall promote consistent and timely use of enforcement remedies.
E. 
The Village Board shall approve the enforcement response plan. The enforcement response plan shall be reviewed at least every five years.
A. 
Whenever the Superintendent finds that any user has violated or continues to violate any provision of this Part 1, or an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may serve upon such person a written notice of violation. Within 10 calendar days of the date that the Superintendent mails the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof shall be submitted by the user to the Superintendent. Submission of such a 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. 
Nothing in this section shall limit the authority of the Superintendent to take any action or actions, including emergency actions or any other enforcement action, before issuing a notice of violation.
A. 
The Superintendent may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for 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 document. Such documents shall have the same force and effect as a compliance order issued pursuant to § 46-137 and a cease-and-desist order issued pursuant to § 46-138 and shall be judicially enforceable.
B. 
Issuance of a consent order shall not be a bar against or a prerequisite for taking any other action or actions against the user.
A. 
The Superintendent may order the user to appear before the Village Board and show cause why an enforcement action, proposed and/or initiated by the Superintendent, should not be taken. 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 proposed enforcement action, the reasons for such action, and a request that the user show cause before the Village Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing in accordance with § 46-143. Such notice may be served on any authorized representative of the user as defined in § 46-5.
B. 
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 Village to conduct the hearing, and take the following actions:
(1) 
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.
(2) 
Take the evidence.
(3) 
Take sworn testimony.
(4) 
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 and testimony, 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.
D. 
A show cause hearing shall not be a bar against, or prerequisite for, the Superintendent taking any other action against the user.
A. 
When the Superintendent finds that a user has violated or continues to violate any provision of this Part 1, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may issue a compliance order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation.
B. 
Issuance of a compliance order shall not be a bar against or a prerequisite for taking any other action or actions against the user.
C. 
The user may, within 15 calendar days of the mailing date of such compliance order, petition the Superintendent to modify or suspend the compliance order. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent may then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the compliance order;
(3) 
Order a user to provide additional information to the Superintendent; or
(4) 
Order the petitioner to show cause in accordance with § 46-136.
A. 
When the Superintendent finds that a user has violated or continues to violate any provision of this Part 1, an individual wastewater discharge permit, or order issued hereunder, or any pretreatment standard or requirement, the Superintendent may issue a cease-and-desist order to cease and desist all such violations and direct those persons in noncompliance to:
(1) 
Immediately comply with all requirements; and
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
B. 
Issuance of a cease-and-desist order shall not be a bar against, or prerequisite for, taking any other action or actions against the user.
C. 
The user may, within 15 calendar days of the mailing date of such cease-and-desist order, petition the Superintendent to modify or suspend the cease-and-desist order. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent may then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the cease-and-desist order;
(3) 
Order a user to provide additional information to the Superintendent; or
(4) 
Order the petitioner to show cause in accordance with § 46-136.
A. 
When the Superintendent finds that a user has violated or continues to violate any provision of this Part 1, an individual wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may fine such user in an amount not to exceed $1,000. Such fines shall be assessed on a per-violation, per-day basis. 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. 
Unpaid fines and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance. Such fines and penalties, if not paid, shall be a lien on the user's property benefitted. All such unpaid fines and penalties shall be added to the next general tax against property.
C. 
Issuance of an administrative fine shall not be a bar against or a prerequisite for taking any other action or actions against the user.
D. 
The user may, within 15 calendar days of the mailing date of 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 may then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the fine;
(3) 
Order a user to provide additional information to the Superintendent; or
(4) 
Order the petitioner to show cause in accordance with § 46-136.
A. 
The Superintendent may immediately suspend a user's discharge, after written notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the safety or health of persons. The Superintendent may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW or which presents or may present an endangerment to the environment.
B. 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection. The Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in § 46-141 of this Part 1 are initiated against the user.
C. 
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Superintendent prior to the date of any show cause hearing under § 46-136 of this Part 1.
D. 
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension under this section.
A. 
In addition to the provisions in § 46-104 of this Part 1, any user who violates the following conditions is subject to discharge termination:
(1) 
Violation of individual wastewater discharge permit conditions.
(2) 
Failure to accurately report the wastewater constituents and characteristics of its discharge.
(3) 
Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge.
(4) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring, or sampling.
(5) 
Violation of the pretreatment standards in Article IX of this Part 1.
(6) 
Failure to pay administrative fines, fees or user charges.
B. 
Termination of discharge shall not be a bar to or a prerequisite for the Superintendent taking any other action or actions against the user, including emergency suspensions.
C. 
The Superintendent shall notify the user of the proposed termination of its discharge. The user may, within 15 calendar days of the mailing date 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 then:
(1) 
Reject any frivolous petitions;
(2) 
Order a user to provide additional information to the Superintendent; or
(3) 
Order the petitioner to show cause in accordance with § 46-136.
In the event the Superintendent issues any administrative order, including a consent order, compliance order, or cease-and-desist order, terminates the user's permit, makes any fine, or utilizes any other administrative remedy 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 Part 1 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 Part 1 shall be mailed to the user where the user's effluent is discharged into the POTW. Any notice, petition, or other communication mailed to the Superintendent shall be addressed and mailed to the Village Clerk.
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.