(a) (1) The Coordinator and/or Enforcement Board shall have the responsibility to assess all enforcement activities on violators of this chapter. Council's approval is not required before enforcement is initiated. The Coordinator and/or Enforcement Board shall use the Enforcement Response Plan (ERP) as the main tool in issuing enforcement actions. The ERP is to be considered a part of this chapter and details the various types of enforcement and when they are to be used.
(2) Administrative enforcement by the Village shall not preclude the Village from seeking judicial enforcement remedies, nor shall it relieve the user of liability under State or national administrative enforcement procedures or judicial remedies.
(b) Emergency Suspension.
(1) The Coordinator may suspend a user's wastewater treatment service and/or wastewater discharge permit when such suspension is necessary, in the opinion of the Coordinator and/or Enforcement Board, in order to stop a discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, or to the environment; which causes or may cause interference or pass through to the POTW; or which causes or may cause the Village to violate any condition of its NPDES permit.
(2) Any person notified of a suspension of the wastewater treatment service and/or discharge permit shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Coordinator and/or Enforcement Board shall take such steps 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.
(3) A detailed written statement submitted by the user describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the Village within five days of the date of the occurrence.
(4) The Coordinator may reinstate the discharge permit and/or sewer service upon proof of the elimination of the non-complying discharge or may at any time initiate proceedings to permanently revoke wastewater treatment service and/or the discharge permit.
(c) Revocation of Permit.
(1) Any user who violates the following conditions of this chapter or any applicable State and/or federal regulation is subject to having his permit revoked.
Failure of a user to factually report the wastewater constituents and characteristics of his discharge as required;
(2) Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
(3) Refusal of reasonable access to the user's premises for the purposes of inspection or monitoring; or
(4) Violation of conditions of his wastewater discharge permit. Noncompliant users shall be notified of the proposed termination and given an opportunity to request a show cause hearing.
(5) Any user which creates property damage or damage to the POTW and/or collection system.
(d) Notification of Violation (NOV). Whenever the Coordinator finds that any user has violated or is violating this chapter, his wastewater discharge permit, or any prohibition, limitation or requirements contained in this chapter, he may serve upon such person a written notice stating the nature of the violation. This shall include all self-monitoring and control authority reports which are reviewed by the Coordinator and he in turn sends the user either an NOV or notification that the user was in compliance with the pretreatment and sewer use ordinance.
(e) Show Cause Hearing.
(1) The Coordinator and/or Enforcement Board may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause why a proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of the hearing, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause why the proposed enforcement action should not be taken.
(2) The notice of the hearing shall be served personally, or by registered or certified mail, return receipt requested, at least ten days before the hearing. Service may be made on any agent or officer of a corporation. Whether or not a duly notified user appears as noticed, immediate enforcement action may be pursued.
(f) Consent Orders. The Coordinator and/or Enforcement Board is hereby authorized to enter into consent orders, assurances or voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order.
(g) Compliance Schedule. When the Coordinator and/or Enforcement Board finds that a user has violated or continues to violate a permit or order issued hereunder, they may issue a compliance schedule to the user responsible for the discharge directing that, within a specified time period, sewer service shall be discontinued or heavy fines as outlined by Section 933.07 will ensue unless adequate treatment facilities and/or better operation & maintenance procedures are installed/implemented within the facility. Compliance schedules may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring and cleaning practices. The first step to be conducted by a user issued a compliance schedule is to prepare a written document to be sent to the Coordinator explaining the steps that will be taken and processes implemented that will bring the user back into compliance. Specific dates shall accompany each event specifying when it will be completed. This written document shall be submitted by the date requested. The schedule of events to take place shall meet the Coordinator's approval before acceptance. Once accepted, failure to meet any of the specified completion dates will result in additional enforcement. A compliance schedule shall continue until the user has obtained complete compliance with this ordinance in the opinion of the Coordinator not to exceed three (3) years.
(h) Cease and Desist Orders. When the Coordinator and/or Enforcement Board finds that a user has violated or continues to violate this ordinance or any permit or order issued hereunder, they may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
(1) Comply forthwith.
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(i) Enforcement Response Plan. As mentioned earlier, this document will serve as a guide to the Coordinator and/or Enforcement Board as to how and when the various enforcement actions are to be carried out. It also gives a much more detailed description of the enforcement actions and the manner in which they can escalate in the event that a user is in continued non-compliance with the ordinance.
(Ord. 05-16. Passed 4-27-16.)