(A) Responsibility of the Board of Trustees. The Board shall have responsibility for reviewing all requests for revocation of wastewater discharge permits, disconnection of users from the village POTW, revocation of variance granted under provisions of this chapter and appeals under the procedures established in § 53.065. Only the Board shall have the authority to approve such revocation of permits, variances, and disconnection of building sanitary sewers, and only the Board shall be empowered to take final action on appeals.
(B) Conditions for revocatition. Any user who violates this chapter, or applicable state and federal statutes and regulations, or the following, is subject to having its permit revoked in accordance with the procedures of this section.
(1) Failure of a user to report factually the wastewater constituents and characteristics of its discharge as determined by the use’s or the village’s analysis.
(2) Failure of the user to provide prior notification of significant changes in process activity or wastewater constituents and characteristics.
(3) Refusal of reasonable access to the user’s premises by village representatives for the purpose of inspection or monitoring.
(4) Tampering with, disrupting, or destroying village equipment as determined by the Board, by a preponderance of evidence, which determination shall be final.
(5) Failure to report an accidental discharge of a pollutant in a reportable quantity.
(6) Failure to report an upset of user’s treatment facilities.
(7) Violations of conditions of the permit.
(8) Discharges which present or may present an endangerment to the environment or which threatens to interfere with the operation of the POTW.
(9) Failure to complete a wastewater survey or the wastewater discharge permit application.
(10) Misrepresentation of or failure to disclose fully all relevant facts in the wastewater discharge permit application.
(11) Falsifying self-monitoring reports.
(12) Failure to meet effluent limitations or compliance schedules.
(13) Failure to pay fines or sewer use charges. Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a new wastewater discharge permit to that user.
(C) Show cause hearing.
(1) The General Manager may order any user who causes or allows an unauthorized discharge to show cause before the Board why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of hearing to be held by the 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 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 five days before the hearing. Service may be made on any agent or officer of a corporation.
(2) The Board shall develop rules of procedure and evidence for the conduct of such hearings. The Board may itself conduct the hearing and take the evidence or may designate any of its members or any member of its legal staff to:
(a) Issue, in the name of the Board, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing.
(b) Take the evidence.
(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board for action thereon.
(3) At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
(4) After the Board has reviewed the evidence, it may issue an order to the user responsible for the discharge directing either:
(a) That the wastewater discharge permit be revoked and the service be disconnected; or
(b) That following a specified time, the permit shall be revoked and sewer service disconnected or discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and operate properly to comply with the wastewater discharge permit; or
(c) That the permit be revoked and the user directed to cease the unauthorized discharge effective after a specified period of time; or
(d) That such other relief as deemed necessary, including but not limited to disconnection of service and levy of fines, as deemed necessary by the Board to abate the discharge be granted. Further orders and directives as necessary may be issued.
(5) Following an order or revocation, the user shall cease to discharge wastewater, other than sanitary wastewater, to the village POTW. Failure to do so shall be evidence of continuing harm to the village and provide grounds for an order of disconnection or for the granting of injunctive relief or temporary restraining orders.
(Ord. 03-19, passed 10-20-2003)