A.
The Village and Commission are hereby authorized to execute special orders as necessary and prudent to maintain and protect the Commission's WPDES permit without restriction, particularly with respect to situations where the quality of wastewater being discharged may impair the regional system or wastewater treatment plant, to enforce proper use of the regional system as set forth in Article V of this chapter, or to enforce other provisions of these regulations.
B.
Service and proof of service of any special order may
be made by personal delivery, certified or registered mail, return receipt
requested, or in the manner provided for service of a summons in Circuit Court.
Where service is by certified or registered mail, service shall be deemed
given within three days of mailing and the return receipt shall constitute
proof of service.
The Village President, Village Engineer, Commission President and/or Commission Engineer acting unilaterally, the Village Board as a whole or other person designated in writing by the Village Board is hereby authorized and empowered to issue special orders in the name of the Village in an emergency to prevent damage to the local and regional sewers from misuse; injury to employees of the Village and/or District; interference with the process of sewage collection, treatment or disposal; or substantial risk to the public health, safety and welfare. A special order is effective and enforceable upon service. Service shall be made as provided in § 335-61 above.
Special orders and emergency orders may be appealed to the Board of
Appeals as follows:
A.
The customer may appeal a special order issued pursuant
to this section by providing written notice of its intent to appeal and the
basis for its appeal to the Village President within 30 days of the date of
issuance of the special order. Failure to timely submit said written notice
within the prescribed time frame shall be deemed a waiver of the right to
appeal the special order.
B.
If the Village President receives a proper and timely
appeal, the appeal shall be presented to the Board of Appeals within 30 days
of receipt. The Board of Appeals shall be appointed on an ad hoc basis and
shall be comprised of the following five individuals:
(1)
From the two contracting municipalities that are not
under the appealed special order or that do not have the customer under the
appealed special order, the Trustee who has served the most years on the Village
Board and the Trustee who has served the least years on the Village Board;
and
(2)
From the Village, the Trustee who has served the most
years on the Village Board.
C.
To the extent applicable, and except where inconsistent with
the provisions of these regulations, the Board of Appeals shall utilize the
procedure followed for the Zoning Board of Appeals in the Village. The Secretary
of the Commission shall serve in the capacity that the Zoning Administrator
of the Zoning Board of Appeals serves. The decision of the Board of Appeals
shall be a final administrative determination.
Except when the Village or the Board of Appeals, on notice to the appellant,
the Village and the Commission, determines that a stay of the special or emergency
order will cause imminent danger to life or health, the special or emergency
order shall be stayed during the pendency of the appeal.
