A. Notification Of Violation: Whenever the pretreatment coordinator finds that any industrial user has violated or is violating this article, or a wastewater permit, or order issued hereunder, the director or his agent may serve upon said user written notification of the violation. Within twenty (20) days of the receipt of notification an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the director or his agent. 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 (NOV).
B. Consent Orders: The director is hereby empowered to enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include compliance schedules, stipulated fines or remedial actions, and signatures of the director or his agent, and industry representatives. Consent orders shall have the same force and effect as subsections D and E of this section and shall be judicially enforceable.
C. Show Cause Order: The director may order any user which causes or contributes to violations of this article, a wastewater permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail, return receipt requested, at least ten (10) days prior to the hearing. Such notice may be served on any principal executive, general partner or corporate officer. Whether or not a duly notified industrial user appears as noticed, enforcement action may be pursued as appropriate.
D. Compliance Order: When the director finds that an industrial user has violated or continues to violate this article or a wastewater permit, or order issued hereunder, he may issue an order to the industrial user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances have been installed and are properly operated, and, compliance is achieved. Orders may also contain 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. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.
E. Cease And Desist Orders: When the director finds that an industrial user has violated or continues to violate this article or a wastewater discharge permit, or any order issued hereunder, or any other pretreatment standard or requirement, or that the user’s past violations are likely to recur, the director may issue an order to cease and desist all illegal or authorized discharges immediately.
1. In an emergency, the cease and desist order may be given by telephone.
2. In nonemergency situations, the cease and desist order may be used to suspend or permanently revoke the industrial user's wastewater discharge permit.
3. The cease and desist order may order the IU to take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating discharge.
F. Administrative Fines:
1. Notwithstanding any other section of the enforcement response plan (ERP) or this article, any user who is found to have violated any provision of this article, or wastewater discharge permit or order issued hereunder, may be fined at the discretion of the director in an amount of at least one thousand dollars ($1,000.00) per day for each violation as outlined in the federal regulations. Each day on which a violation occurs or continues to occur, shall be deemed a separate and distinct violation. Unpaid charges, fines, and penalties shall constitute a lien against the user's property. Industrial users desiring to dispute such fines must file a request with the director within ten (10) days of being notified of the fine. Where the director believes a request has merit, he shall convene a hearing on the matter within fifteen (15) days of receiving the request from the industrial user. Violations potentially warranting a minimum one thousand dollar ($1,000.00) fine include, but are not limited to, the following:
a. Contributing any pollutant or wastewater which will interfere with the operation or performance of the POTW or will pass through the POTW (subsection 7-3A-12B of this article).
b. Failure to provide immediate notification of a spill or slug load (subsection 7-3A-18B1 of this article).
c. Failure to adhere to the requirements of a compliance order (subsection D of this section).
d. Failure to submit a hazardous waste notification (subsection 7-3A-25D of this article).
e. Failure to notify pretreatment coordinator of a self-monitoring violation (subsection 7-3A-25F of this article).
f. Failure to provide notification of changed discharge (subsection 7-3A-25E of this article).
g. Failure to submit baseline monitoring report (subsection 7-3A-25A of this article).
h. Failure to submit periodic compliance report (subsection 7-3A-25C of this article).
i. Failure to document and perform grease interceptor maintenance (subsection 7-3A-19E of this article).
G. Suspension Of Permit In Emergency Situations:
1. The director may suspend the wastewater discharge permit and/or service of an industrial user whenever such suspension is necessary in order to stop an actual or threatened discharge, presenting or causing, an imminent or substantial endangerment to the health or welfare of persons, the POTW or the environment.
2. Any user notified of a suspension of its wastewater discharge permit or service shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the director shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The director shall allow the user to recommence its discharge when the endangerment has passed, unless the termination proceedings set forth in subsection H of this section are initiated against the user.
3. An industrial user which is responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrences to the director prior to the judicial remedies described following.
4. Except in emergency situations, noncomplying industrial users will be notified of the proposed suspension of their wastewater discharge permit and offered the opportunity to show cause under subsection C of this section as to why the proposed suspension should not take place.
H. Termination Of Permit: Significant industrial users proposing to discharge into the POTW must first obtain a wastewater discharge permit from the NWRWRF. Any user who violates the conditions of this article or a wastewater discharge permit or order issued hereunder or any applicable state or federal law, is subject to permit termination. The following violations are cause for permit termination:
1. Violation of wastewater discharge 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 of its discharge;
4. Refusal of reasonable access to the user's premises for the purpose of inspection, sampling, or monitoring;
5. Tampering with, disrupting, or destroying POTW equipment;
6. Failure to report an accidental discharge of a pollutant;
7. Failure to report an upset of the industrial user's treatment facilities.
Except in emergency situations, noncomplying industrial users will be notified of the proposed suspension of their wastewater discharge permit and offered the opportunity to show cause under subsection C of this section, as to why the proposed suspension should not take place.
I. Revocation Of Business License: The village of Fox Lake may revoke any business license issued to any business within Fox Lake if any fines or fees are not paid in a timely manner. The village of Fox Lake also has the right to revoke any business license from any facility within the village of Fox Lake if any compliance orders or mandates issued under this chapter are not met within the scheduled time frame. (Ord. 2005-10, 3-15-2005; amd. Ord. 2010-03, 1-26-2010; Ord. 2011-18, 6-28-2011; Ord. 2015-08, 1-27-2015; Ord. 2021-08, 4-27-2021)