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.
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.
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.
[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.