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 sewage treatment
plant. All violations by users of the sewage treatment plant shall
be met with some type of enforcement response. The response shall
be comprehensive and effective.
A.
The enforcement response plan shall:
(1)
Describe how the Village will investigate instances
of noncompliance.
(2)
Describe the types of escalated enforcement actions
that the Village will take in response to all anticipated types of
user violations and the time periods within which to initiate and
follow-up these actions.
(3)
Adequately reflect the Village Board's responsibility
to enforce all applicable standards and requirements.
B.
The enforcement response plan shall contain:
(1)
Criteria for scheduling periodic inspection and/or
sampling visits to sewage treatment plant 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.
C.
The range of appropriate enforcement actions shall
be based on the nature and severity of the violation and other relevant
factors, such as:
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Magnitude of the violation.
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Duration of the violation.
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Effect of the violation on the receiving water.
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Effect of the violation on the sewage treatment
plant.
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Effect of the violation on the health and safety
of the sewage treatment plant employees.
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Compliance history of the user.
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Good faith of the user.
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and shall promote consistent and timely use
of enforcement remedies.
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ADMINISTRATIVE REMEDIES
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Whenever the Village 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 Village may serve upon such person a written notice
stating the nature of the violation. Within 10 calendar days of the
date the Village mails the notice, an explanation of the violation
and a plan for the satisfactory correction and prevention thereof
shall be submitted to the Village, 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 Village 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 Village finds that a user has violated or
continues to violate this chapter or a permit or administrative order
issued thereunder, he may issue an administrative order to the user
responsible for the discharge directing that, following a specified
time period, sewer service shall be discontinued, severed and abated
unless the violation is corrected and that there is no reoccurrence
of the violation. Administrative 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 calendar days of receipt of
such order, petition the Village to modify or suspend the order. Such
petition shall be in written form and shall be transmitted to the
Village by registered mail. The Village shall then:
A.
Notwithstanding any other section of this chapter,
any user who is found to have violated any provision of this chapter,
or a wastewater discharge permit or administrative order issued hereunder,
shall be fined in an amount not to exceed $1,000 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 the Village's notice of such fine, petition the Village to modify
or suspend the order. Such petition shall be in written form and shall
be transmitted to the Village by registered mail. The Village shall
then:
A.
When the Village finds that a user has violated or
continues to violate this chapter or any permit or administrative
order issued hereunder, the Village may issue an administrative order
to cease and desist all such violations and direct those persons in
noncompliance to:
B.
The user may, within 15 calendar days of the date
the Village mails notification of such order, petition the Village
to modify or suspend the order. Such petition shall be in written
form and shall be transmitted to the Village by registered mail. The
Village shall then:
A.
Any user who violates the following conditions of
this chapter or a wastewater discharge permit or administrative order,
or any applicable or State and Federal Code, 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 the date
the Village mails such notification, petition the Village to permit
continued use of the sewage treatment plant by the user. Such petition
shall be in written form and shall be transmitted to the Village by
registered mail. The Village shall then:
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 calendar days of severance,
petition the Village to reconnect water supply service. Such petition
shall be in written form and shall be transmitted to the Village by
registered mail. The Village shall then:
A.
The Village 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 Village, 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, 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 at least 10 calendar days before the hearing in accordance with § 163-65 of this article. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment. The notice of the hearing shall be served at least 10 calendar days before the hearing, in accordance with § 163-65.
B.
The Village Board may itself conduct the hearing,
or may designate any of its members or any officer or employee of
the Village to conduct the hearing:
(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)
Take sworn testimony.
(4)
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
and testimony, it may order the user to comply with the Village's
order or fine, modify the Village's order or fine, or vacate the Village's
order or fine.
In the event the Village issues any administrative
order, terminates the user's permit, or makes any fine as set forth
in this article, and the user fails, within the designated period
of time set forth, to petition the Village, as provided in appropriate
sections of this article, the user shall be deemed in default and
its rights to contest the administrative order or fine shall be deemed
waived.
The notices, orders, petitions or other notification
which the user or Village shall desire or be required to give pursuant
to any sections of this chapter shall be in writing and shall be served
personally or sent by certified mail or registered mail, return receipt
requested, postage prepaid, and the notice, order, petition or other
communication shall be deemed given upon its mailing as provided herein.
Any notice, administrative order or communication mailed to the user
pursuant to the sections of this chapter shall be mailed to the user
where the user's effluent is discharged into transmission lines to
the Village's sewage treatment plant. Any notice, petition or other
communication mailed to the Village shall be addressed and mailed
to the Village Hall of the Village.
The Village shall have the right, within the
Village's sole discretion, to utilize any one or more appropriate
administrative remedies set forth in this article. The Village may
utilize more than one administrative remedy established pursuant to
this article, and the Village may hold one show cause hearing combining
more than one enforcement action.
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JUDICIAL REMEDIES
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A.
Any person who violates any of the provisions of or
who fails to perform any duty imposed by this chapter, or any administrative
order or determination of the Village 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 (unless the user waives the right to
a hearing) held in conformance with the procedures set forth in this
article. Each violation shall be separate and distinct violation,
and in the case of 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, or his
designated attorney, at the request of the Village in the name of
the Village, in any court of competent jurisdiction giving preference
to courts local to the Village. In addition to the above described
penalty, the Village may recover all damages incurred by the Village
from any persons or users who violate any provisions of this chapter,
or who fail to perform any duties imposed by this chapter or any administrative
order or determination of the Village promulgated under this chapter,
or the terms of any permit issued hereunder. In addition to the above
described damages, the Village may recover all reasonable attorney's
fees incurred by the Village in enforcing the provisions of this article,
including reasonable attorney's fees incurred in any action to recover
penalties and damages, and the Village may also recover court costs,
and other expenses associated with the enforcement activities, including
sampling and monitoring expenses.
B.
In determining the amount of civil penalty, the court
shall take into account all relative 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 relative factors as justice may require.
C.
Such civil penalty may be released or compromised
by the Village 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 Village.
A.
In addition to the power to assess penalties as set
forth in this article, the Village 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 court order shall be sought in an action
brought by the Village Attorney, at the request of the Village, in
the name of the Village, in any court of competent jurisdiction giving
precedence to courts local to the Village.
C.
The Village Attorney, at the request of the Village
shall petition the Court to impose, assess and recover such sums imposed
according to this article. In determining 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, collective 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 administrative order of
the Village 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 not less than $500 nor more than $1,000, or imprisonment
not to exceed one year, or both. 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.
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 be guilty of a Class A Misdemeanor and, upon
conviction, shall 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.
C.
No prosecution under this section 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 Village, 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 Village.
A.
Notwithstanding any inconsistent provisions of this
chapter, whenever the Village finds, after investigation, that any
user is causing, engaging in, or maintaining a condition or activity
which, in the judgment of the Village, presents an imminent danger
to the public health, safety or welfare, or to the environment, or
is likely to result in severe damage to the sewage treatment plant
or the environment, and it therefore appears to be prejudicial to
the public interest to allow the condition or activity to go unabated
until notice and an opportunity for a hearing can be provided, the
Village 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 Village
may take all appropriate action to abate the violating condition.
As promptly as possible thereafter, not to exceed 15 calendar days,
the Village shall provide the user an opportunity to be heard, in
accordance with the provisions of this article.
B.
If the user is not within the geographic boundaries
of the Village the right of summary abatement to discontinue, abate
or alleviate conditions or activities shall be those prescribed in
the intermunicipal agreement.
C.
The Village, 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 sewage treatment plant or the
environment.
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MISCELLANEOUS
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A.
If there shall be any payments which are due to the
Village, or any department thereof, pursuant to any article or section
of this chapter, which shall remain due and unpaid, in whole or in
part, for a period of 20 calendar days from the date of billing by
the Village, the same shall constitute a default, and there shall
be added to the entire amount of the original bill, a penalty equal
to 20% of the original bill, and interest shall accrue on the unpaid
balance, at the rate of 2% per month, retroactive to the date of the
original billing.
B.
In the event that there are any sewer taxes, assessments
or other service charges which shall have been delinquent for a period
of at least 60 calendar days as of December 15 of any year, the Village
shall report the names of the defaulting persons to the Village Supervisor,
the Village Clerk, the Village Chief Assessor, and the Village Treasurer
on or before December 15 of the same year. The Village Chief Assessor
is hereby directed to add the entire amount of the sewer tax, assessment
or other service charge which shall be in default, plus penalty and
interest, as provided for in this chapter, to the real property taxes
due and owing to Village in the next succeeding year, and the Village
Chief Assessor is directed to collect the same in the same manner
as real property taxes due and owing to the Village are collected.
C.
Where charges are delinquent and the violator is not
a resident of the Village, or is located outside the geographical
boundaries of the Village, then the Village Attorney is authorized
to seek recovery of charges, including punitive damages, in a court
of competent jurisdiction or make arrangements with the appropriate
county where the user is located to add the amount of the sewer assessment
or other charges which shall be in default, plus penalty and interest,
as provided for in the Code, to the real property taxes due to the
county in the next ensuing year.
The Village 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 sewage
treatment plant, in a sum not to exceed a value determined by the
Village to be necessary to achieve consistent compliance.
The Village 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 sewage treatment plant damage caused
by its discharge.
The Village 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 Village 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, including
the discovery reward.
The Village shall provide public notification,
in the daily newspaper with the largest circulation in the Village,
of users which were in significant noncompliance 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.
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.
