A. 
The Superintendent shall prepare 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 on these actions in order to 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.
(4) 
Criteria, responsible personnel and procedures to select and initiate an enforcement action.
D. 
The range of appropriate enforcement actions shall promote consistent and timely use of enforcement remedies and 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) 
Compliance history of the user.
(6) 
Good faith of the user.
E. 
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.
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. 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.
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.
A. 
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 directing that, following a specified time period, sewer service shall be discontinued unless the violation is corrected and 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.
B. 
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:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the order;
(3) 
Request additional information from the user; or
(4) 
Order the petitioner to show cause in accordance with § 125-84.
A. 
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 $1,000.00 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation.
B. 
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:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the fine;
(3) 
Request additional information from the user; or
(4) 
Order the petitioner to show cause in accordance with § 125-84.
A. 
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:
(1) 
Comply forthwith.
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge.
B. 
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:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the order;
(3) 
Request additional information from the user; or
(4) 
Order the petitioner to show cause in accordance with § 125-84.
A. 
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:
(1) 
Violation of 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 constituents and characteristics.
(4) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.
B. 
Noncompliant industrial users will be notified, by registered mail, of the proposed termination of their wastewater permit.
C. 
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:
(1) 
Reject any frivolous petitions;
(2) 
Request additional information from the user; or
(3) 
Order the petitioner to show cause in accordance with § 125-84.
A. 
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.
B. 
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:
(1) 
Reject any frivolous petitions;
(2) 
Reconnect the water supply;
(3) 
Request additional information from the user; or
(4) 
Order the petitioner to show cause in accordance with § 125-84.
A. 
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 and 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.
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 Department of Public Works to:
(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) 
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 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.
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 a separate and distinct violation, and in the case of a 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 attorney's 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.
A. 
In addition to the power to assess penalties as set forth in this Article, the Superintendent shall have the power, following the hearing held in conformance with the procedures set forth in this Article, to seek an order:
(1) 
Suspending, revoking or modifying the violator's wastewater discharge permit.
(2) 
Enjoining the violator from continuing the violation.
B. 
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.
C. 
The Superintendent shall petition the court to impose, assess and recover such sums imposed according to this Article. In determining the 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.
A. 
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.
B. 
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.
C. 
No prosecution under this Article shall be instituted until after final disposition of a show cause hearing, if any, was instituted.
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.
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.
A. 
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, presents 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.
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 to preserve the POTW.
[Amended 6-19-1996 by L.L. No. 4-1996]
A. 
The Village Board is hereby authorized from time to time to set penalties and interest charges for late payment of sewer rents. Every service shall be supplied through a meter. The sewer rent bill shall be due and payable to the Treasurer of the Village on or before the 15th day of May, August, November and February of each year.
B. 
Upon any bill remaining unpaid at the close of business in the Village Treasurer's office on the aforesaid dates respectively, 12% of the amount of such unpaid bill shall be added thereto. Upon any meter bill remaining unpaid and in arrears for 30 days after the aforesaid dates respectively, an additional 15% of the amount of the bill shall be added thereto, totaling 27% in all.
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.
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.
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 disperse up to 10% of the collected fine or penalty to the informant. However, a single reward payment may not exceed $10,000.
The Superintendent shall provide public notification in the official Village newspaper 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 which:
A. 
Remains uncorrected 45 calendar days after notification of noncompliance.
B. 
Is a part of a pattern of noncompliance over the past twelve-month period.
C. 
Involves a failure to accurately report noncompliance.
D. 
Resulted in the Superintendent exercising his emergency authority to halt or prevent any discharge which presents an imminent danger to persons or property.
A. 
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.
B. 
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.