In the event of any actual or threatened noncompliance with the terms of this chapter or any actual or threatened endangerment of the health or welfare of persons, wildlife species, vegetation or the environment, the Village may act according to the terms of this article. The various enforcement techniques and sanctions set forth in this article are not mutually exclusive, and the Village may pursue all, one or any combination of the powers in this article.
The Village shall have the power to bring an action to enjoin the industrial user from continuing a violation(s) of this chapter. The Village may pursue preliminary injunctive relief such as a temporary restraining order and preliminary injunction prior to the seeking of a permanent injunction against the violator(s).
A. 
Any industrial user that meets the terms of § 111-71 shall remit to the Village the amount necessary to reimburse the Village for the costs of repairs to the Village necessitated by the act(s) of noncompliance; the costs to the Village, if any, of correcting the noncompliance; the costs to the Village of monitoring, sampling and analysis to assure the noncompliance has been corrected; the costs of any claims against the Village arising out of the noncompliance, including but not limited to attorneys fees required to defend against such claims; and any other costs which were or will be incurred by the Village as a result of the noncompliance, including but not limited to attorney's fees incurred by the Village as a result of the industrial user's violation of § 111-71.
B. 
If an industrial user refuses to remit said amount to the Village upon the Village's billing the industrial user therefor, the Village may institute and maintain a civil action against the industrial user for said amount.
C. 
In the event that an action is taken under Subsection B of this section, the noncomplying industrial user shall be liable for all costs and expenses of the Village in prosecuting such action, including but not limited to attorney's fees required to enforce the terms of this section.
A. 
The Village shall have the power to suspend for a period of time set by the Village or revoke permanently the industrial wastewater discharge permit of a violating industrial user.
B. 
During the periods of time for which an industrial user's permit is suspended and subsequent to revocation of a permit, that industrial user shall not contribute any wastes to the city's sewer system.
C. 
During the period of suspension or revocation and during the period of time from discovery of a violation to the rendering of a decision by the Village subsequent to a hearing on that issue, the Village may execute any documents, retain any security or take any other measures as it deems necessary, including immediate physical severance or blocking of the industrial user's connection to the sewer system, to prevent or minimize, if prevention is impossible, the act(s) of noncompliance which led to the suspension or revocation of the permit or to the hearing thereon or which would constitute a violation of the terms of this chapter.
D. 
The Village shall notify the industrial user of its intent to suspend or revoke its industrial wastewater discharge permit, the reasons for that proposed action and a date of a hearing to decide whether such an action shall be taken. Said hearing shall be held not sooner than five and not later than 10 business days, excluding legal holidays, subsequent to the date of mailing of the notice to the industrial user. At that hearing, the industrial user may present any information to rebut the proposed action by the Village. The Village shall render a decision within five business days from the date of said hearing.
E. 
In the event of an actual or threatened noncomplying discharge which is or would be so serious that immediate suspension or revocation of the permit is deemed necessary in the opinion of the Village or Board, the Village or Board may act in accordance with the powers set forth in Subsection C of this section to prevent such actual or threatened discharge prior to a hearing on the issue. However, in such a case, a preliminary hearing shall be held within two days of said action, if the industrial user so requests, at which the industrial user may submit evidence contesting the necessity of the action and its continued effects. A full hearing shall be held not sooner than five and not later than 10 business days from the date of the suspension or revocation by the Village or Board, at which the determination at the preliminary hearing shall be reviewed. A final determination on the matter shall be rendered by the Village within five business days after the date of the final hearing.
F. 
At any hearing held pursuant to this section, testimony taken shall be under oath and recorded stenographically. The transcript so recorded shall be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
G. 
In reaching a decision on the suspension or revocation of a permit, the Village or Board shall consider all factors it deems relevant to the issue. However, the factors of paramount importance to be given priority in the Village's consideration of the matter shall be the protection of the structural, biological and engineering integrity of the POTW and appurtenant facilities, the prevention of the pass through of untreated pollutants through the POTW and into the environment in violation of any applicable federal, state or local standards and the prevention of violation of the POTW's SPDES permit.
H. 
During the period between the discovery of a violation and the rendering of a final decision of the Village, the Village may, as it deems necessary, pursue any procedures authorized under this article in order to prevent any damage to the structural, biological and engineering integrity of the POTW and appurtenant facilities, the pass-through of untreated pollutants through the POTW and into the environment in violation of any applicable federal, state or local standard or the violation of the POTW's SPDES permit.
I. 
At any time, due to the discovery of new information, the Village may alter its final or temporary order to adapt to the situation in light of the new information.
J. 
In the event of a cessation of service due to a violation of this chapter, the industrial user shall pay all costs involved in restoring service once the violation is corrected and written proof of such correction has been submitted to and accepted by the Village and Board.
A. 
Any person who knowingly makes any false statements, representations or certifications in any application, record, reports, plan or other document filed or required to be maintained pursuant to this chapter or its industrial wastewater discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method established pursuant to this chapter or who knowingly violates any of the terms of this chapter shall be subject to a fine not exceeding $250 or to imprisonment for a term not exceeding 15 days, or to both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. 
The penalties set forth in Subsection A of this section shall be enforceable against any officers or agents of an industrial user with knowledge of the facts delineated in said Subsection A.