(A) Generally.
(1) When the village finds that a user has violated, or continues to violate any provision of this chapter, a discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the village may serve upon that user a written notice of violation. Within 15 days of receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the village.
(2) Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the village to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(B) Standards meeting. Should a violation by a user occur following the issuance of a notice of violation or after a review meeting with that user, the village shall notify the offending user, in writing, through a “notice of standards meeting” as to the particulars of such violation or violations and set a time and place for a meeting (hereinafter called a “standards meeting”) to be attended by representatives of the village and the user. The village may, upon determination that a violation has occurred, send the user notice of standards meeting without first having a review meeting or follow any procedures under § 53.081 hereof. The purpose of such a meeting shall be to establish such procedure, investigations, and studies as the village deems necessary and desirable for the determination of such action as it may require of the user to control and prevent discharges in violation of the limitations on discharge.
(C) Compliance directive. Following the completion of the investigation and studies described in division (A) above, the village may direct and require the user to take such action as may be required to control and prevent discharges in violation of the limitations on discharge, including pretreatment of those wastewaters which contain or may contain pollutants subject to limitations on discharge. If the village has sufficient information at the time of the standards meeting to determine necessary action, it may, at the time of the standards meeting, direct and require the user to take such action, including pretreatment, without further investigation or study, and the user shall comply. The user shall cooperate fully with the village in making such investigations and studies as may be required. Following a directive in writing, hereinafter called “compliance directive,” by the village to require the user to take necessary action, the user shall within 90 days, submit to the village for review, a schedule for compliance and preliminary information regarding any pretreatment facilities to be provided. Such preliminary information shall include, without limitation, the nature and type of facilities and equipment proposed, their general location and the degree of treatment anticipated. The village shall review and discuss the schedule and preliminary information with the user. Final acceptance by the village, following discussions with the user, shall be within 30 days of the submittal of an acceptable schedule and plans to the village. Such approval does not release the user from responsibility for compliance with the provisions of this chapter, either before or after any pretreatment facilities are operational, nor does such approval constitute a liability of the village should be facilities fail to produce an acceptable pollutant concentration. The user shall keep the village informed as to the progress of work to provide required pretreatment. Failure to comply with a compliance directive of the village regarding pretreatment facilities or failure to comply with the schedule, as approved, shall be deemed a violation of the provisions of this chapter and may be grounds for revocation of the user’s wastewater discharge permit.
(D) Variance; procedures. Any user issued a compliance directive under the provisions of this section relevant to § 53.022 shall apply for a variance at least five days prior to the next Board meeting, and petition the Board for a variance or variances in accordance with § 53.084. Failure to apply shall be a violation of the chapter and subject the user to the penalties provided in §§ 53.075 et seq. Except as provided in § 53.084, no variance granted pursuant to the terms of this chapter may allow discharge greater than 2.5 times the limitation on discharge for specific pollutants or shall last longer than the term of a compliance directive issued in accordance with division (C) above.
(Ord. 03-19, passed 10-20-2003)