Whenever the Superintendent finds that any user
has violated or is violating this chapter or 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 the Superintendent
mails 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. 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.
Any person who willfully violates any provision
of this chapter or any final determination or administrative order
of the Superintendent made in accordance with this article shall be
guilty of a Class-A misdemeanor, and upon conviction thereof, shall
be punished by a fine of $500 for each offense. 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.
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 Town of Van Buren, 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.
Any person violating any of the provisions of
this chapter shall become liable to the town for any expense, loss
or damage occasioned to the town by reason of such violation.