(A) Harmful contributions.
(1) The village may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the village, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, or causes interference to the POTW or causes the village to violate any condition of its NPDES permit.
(2) Any person notified of the suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the village shall take such steps as are deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals.
(3) The village shall reinstate the user contribution permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the cause of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the village within 15 days of the date of occurrence.
(B) Revocation of permit. Any user who violates the following conditions of this section, or applicable state and federal regulations, is subject to having his or her permit revoked in accordance with the procedures of this chapter:
(1) Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge;
(2) Failure of the user to report significant changes in operations, or wastewater constituents and characteristics;
(3) Refusal of reasonable accesses to the user’s premises for the purpose of inspection or monitoring; or
(4) Violation of conditions of the permit.
(C) Notification of violations. Whenever the village finds that any user has violated or is violating this chapter, a wastewater contribution permit, or any prohibition, limitation, or requirements contained herein, the village may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the village by the user.
(D) Show cause hearing.
(1) The village may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Village Council why the proposed enforcement action should not be taken. A notice shall be service on the user specifying the time and place of a hearing to be held by the Village Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Village Council 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 ten days before the hearing. Service may be made on any agent or officer of a corporation.
(2) The Village Council may itself conduct the hearing and take the evidence, or may designate any of its members or any officer or employee of the (assigned Department) to:
(a) Issue in the name of the Village Council, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(b) Take the evidence; and
(c) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Village Council for action thereon.
(3) At any hearing held pursuant to this section, testimony taken must be under oath and recorded electronically or 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 thereof.
(4) After the Village Council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices, or other related appurtenances shall have been installed on existing treatment faculties, and that such devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
(E) Legal action. If any person discharges sewage, industrial wastes or other wastes into the village’s wastewater disposal system contrary to the provisions of this chapter, federal, or state pretreatment requirements, or any order of the village, the Village Attorney may commence an action for appropriate legal and/or equitable relief in the County Circuit Court. For this division (E), the term CONTRARY TO THE PROVISION OF THIS CHAPTER, includes, but is not limited to, refusal of entry to allow or carry out inspections, or monitoring activities, any rules, regulations, or orders issued by the POTW, any requirements set forth in the permit issued by the village or any reporting requirements imposed by the POTW.
(F) Falsifying information. No person shall knowingly make any false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter, or wastewater contribution permit. No person shall falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this chapter.
(1984 Code. § 7-01-03-140) (Ord. 146, passed 1-29-1985; Ord. 227, passed 1-26-1993) Penalty, see § 52.99