The POTW Manager is empowered, either directly or through authorized representatives, to take the following actions (subject to any required approvals from the Village Council, as expressly provided by this chapter):
(A) Supervise the implementation of this chapter;
(B) Review plans submitted by users for pretreatment equipment;
(C) Make inspections and tests of existing and newly installed, constructed, reconstructed, or altered sampling, metering, or pretreatment equipment to determine compliance with the provisions of this chapter;
(D) Verify the completeness, accuracy, and representativeness of self-monitoring data submitted and/or maintained by users;
(E) Investigate complaints of violations of this chapter, make inspections and observations of discharges, and maintain a record of the investigations, complaints, inspections, and observations;
(F) Issue orders and notices of violation and take other actions as necessary to require compliance with this chapter;
(G) Develop and implement a control authority enforcement response (CAER) plan as required by 40 C.F.R. § 403.8(f)(5). The CAER plan shall provide procedures for the POTW to investigate and respond to instances of noncompliance by users. The CAER plan and any associated regulations developed by the POTW Manager shall become effective upon approval by the Village Council;
(H) With the approval of the Village Council, and in conjunction with the Village Attorney and any special legal counsel, institute necessary civil or criminal judicial legal actions and proceedings in a court of competent jurisdiction against all users violating this chapter to prosecute violations of this chapter, to compel the abatement or prevention of violations, to compel compliance with this chapter and any order, determination, permit, or agreement issued or entered into under this chapter, and to pursue other necessary or advisable judicial relief or remedies with respect to violations of this chapter;
(I) Commence a municipal civil infraction action against any user violating this chapter, and issue municipal civil infraction citations and municipal civil infraction violation notices for violations of this chapter; and
(J) Perform any other actions authorized by this chapter, or as necessary or advisable for the supervision, management, and operation of the POTW and the enforcement of this chapter and other applicable laws and regulations (subject to the rights, powers, and duties in respect thereto that are reserved by law to the Village Council).
(Ord. 2009-5, passed 7-20-2009)