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:
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:
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:
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:
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:
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:
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:
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:
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.
