(A) Public notification of industrial users in significant non-compliance. Lake County shall annually publish in the largest local newspaper within Lake County, a list of industrial users who were in significant non-compliance of any applicable pretreatment requirement or standard during the previous 12 months. The notification shall also summarize any enforcement actions taken against the industrial user(s) during the same 12 months.
(B) Notices of ordinance violation. Whenever Lake County finds that any user has violated or continues to violate any provision of this chapter, wastewater discharge permit, or any other pretreatment standard(s) or requirement(s), the Director or his or her representative may serve upon the user a written notice of ordinance violation.
(1) The notice of ordinance violation shall contain the particulars of such violation(s) and order the offending user to at a minimum: explain the cause(s) of the violation(s); submit a plan or schedule for the satisfactory correction of the violation(s) and the prevention of similar violation(s) in the future; pay an administrative fine; or any additional remedies deemed necessary by Lake County to bring the user into compliance within the shortest time frame feasible.
(2) Submission of any information, plan, or schedule for corrective action, or fine payments in no way shall relieve the user of liability for any violation(s) occurring before or after receipt of the notice of ordinance violation. Nothing in this section shall limit the authority of Lake County to take any action, including emergency actions or any other enforcement remedies, without first issuing a notice of ordinance violation.
(3) If administrative adjudication is found to be the appropriate remedy to resolve the violation(s), the notice must be served in accordance with and shall contain all information specified and required in the Lake County Administrative Adjudication Ordinance. Prior to the hearing date documented on the notice of ordinance violation, the respondent may elect to abate or cease the violation for which the notice of ordinance violation was issued, pay the fine listed on the notice of ordinance violation, and not participate in the hearing.
(C) Consent orders. The Director or his or her representative is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for non-compliance.
(1) Such orders shall include a schedule containing specific increments of progress or remedial actions to be completed for compliance by the user within the time period(s) also specified by the order, any stipulated fines, and signatures of authorized Lake County and industrial user representatives.
(2) Consent orders shall have the same force and effect as compliance directives issued pursuant to division (E) below and shall be judicially enforceable.
(D) Show cause orders. The Director or his or her representative may request any user, which has violated or continues to violate any provision of this chapter, wastewater discharge permit, enforcement remedy issued hereunder, or any other pretreatment standard(s) or requirements, to meet and show cause why a proposed enforcement action should not be taken.
(1) A written notice shall be delivered on the user specifying the time and place of the meeting, the proposed enforcement action(s), the reason(s) for such action(s), and a request that the user show cause why the proposed enforcement action(s) should not be taken. The notice shall be served personally or by registered or certified mail (return receipt requested) at least five days prior to the meeting. Such notice may be served upon any authorized representative of the facility.
(2) A show cause order shall not be a prerequisite for taking any other action(s) or enforcement remedies against the user.
(E) Compliance directives. Whenever Lake County finds that any user has violated or continues to violate any provision of this chapter, wastewater discharge permit, enforcement remedy issued hereunder, or any other pretreatment standard(s) or requirement(s), the Director or his or her representative may issue a directive to the user responsible for the discharge, ordering the user to come into compliance within a time period stated in the compliance directive. If the user does not come into compliance within the stated time period, sanitary sewer service shall be discontinued unless adequate pretreatment facilities, devices, or other related appurtenances are installed and properly operated.
(1) The compliance directive may also contain other requirements to address the noncompliance, including, but not limited to: additional self-monitoring, management practices designed to minimize the amount of pollutants discharged, payment of any stipulated fines, or any other additional remedies deemed necessary by Lake County to bring the user into compliance within the shortest time frame feasible.
(2) A compliance directive shall not exceed the deadline for compliance established for a federal pretreatment standard or requirement.
(3) A compliance directive shall not release the user of liability for any violation(s), including continuing violation(s), nor shall the issuance of a compliance directive be a prerequisite for taking any other enforcement action or enforcement remedies against the user.
(F) Cease and desist orders. Whenever Lake County finds that any user has violated or continues to violate any provision of this chapter, wastewater discharge permit, enforcement remedy issued hereunder, or any other pretreatment standard(s) or requirement(s), or that the user's past violations are likely to recur, the Director or his or her representative may issue an order directing the user responsible for the discharge to cease and desist all illegal or authorized discharges immediately.
(1) In emergency situations, a cease and desist order may be given by telephone.
(2) In non-emergency situations, a cease and desist order may be used to suspend or permanently revoke an industrial user's wastewater discharge permit.
(3) The cease and desist order may require the user to take such appropriate remedial or preventative action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(4) The issuance of a cease and desist order shall not be a prerequisite for taking other action or enforcement remedies against the user.
(G) Administrative fines.
(1) Notwithstanding any other section of this chapter, any user that is found to have violated any provision of this chapter, wastewater discharge permit, enforcement remedy issued hereunder, or other pretreatment standard(s) or requirement(s), shall be fined each day the violation occurs.
(a) Fines shall be issued that, at a minimum, remove the economic benefit to a user by its non-compliance, include an additional monetary amount reflecting the seriousness or gravity of the violation(s), and ensures the user has a strong economic incentive to fully comply in a timely manner. Lake County shall consider any corrective actions taken by the user and the compliance history of the user prior to the issuance of the fine.
(b) For the purposes of this division (G), each day in which any such violation shall occur shall be deemed a separate violation.
(c) Administrative fines and penalties may be added to the user's next scheduled wastewater billing and Lake County shall have such collection remedies as may be available for other service charges and fees.
(2) Unpaid charges, fines, and penalties shall be assessed an additional penalty of the unpaid balance and interest shall accrue thereafter in accordance with Lake County's Retail Water/Sewer Rate Ordinance. A lien against the individual user's property will be sought for unpaid charges, fines, and penalties and/or violation of this chapter. In addition Lake County Public Works may shut off water and/or disconnect the individual user's property.
(2) Each user will have an opportunity to dispute the fines during the adjudication procedure.
(3) Lake County may recover reasonable attorney's fees, court costs, court reporter fees, and any other expenses associated with enforcement activities, including but not limited to sampling and monitoring expenses, and the costs of any actual damages incurred by Lake County.
(H) Emergency suspensions. The Director or his or her representative may immediately suspend a user's wastewater discharge treatment service and/or wastewater discharge permit whenever such suspension is necessary in order to stop an actual or threatened discharge which reasonably appears to present or cause imminent or substantial endangerment to the health or welfare of persons, the Lake County Water Reclamation Facilities, or the environment.
(1) Any user notified of a suspension of the wastewater discharge treatment service and/or wastewater discharge permit shall immediately stop or eliminate its discharge. In the event of a user's failure to immediately comply with the cease and desist order, the Director or his or her representative shall take such steps as deemed necessary, including immediate severance of the sewer service connection, to prevent or minimize damage to the Lake County Water Reclamation Facilities, its receiving stream, or endangerment to any individuals or the environment.
(2) The Director or his or her representative shall allow the user to recommence its discharge when the endangerment has passed following a hearing held in accordance with division (D) above, unless the revocation proceedings set forth in § 54.03(G) of this chapter are initiated against the user.
(3) Any user notified pursuant to this section shall submit to Lake County, prior to the date of the hearing described above, a detailed written statement describing the cause(s) of the harmful conditions and the measures taken to prevent their future recurrence.
(I) Injunctive relief.
(1) Whenever Lake County finds that any user has violated or continues to violate any provision of this chapter, wastewater discharge permit, enforcement remedy issued hereunder, or any other pretreatment standard(s) or requirement(s), or that the user's past violations are likely to recur, the Director or his or her representative may petition the Circuit Court of Lake County, for the issuance of a temporary restraining order or preliminary injunction, as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order, or other requirement imposed by this chapter on activities of the user.
(2) Such other action as appropriate for legal and/or equitable relief may also be sought by Lake County. A petition asking for injunctive relief need not be filed as a prerequisite to taking any other action against a user.
(J) Civil penalties. Any user that is found to have violated any provision of this chapter, wastewater discharge permit, enforcement remedy issued hereunder, or any other pretreatment standard(s) or requirement(s), shall be liable to Lake County for a civil penalty per violation per day, plus any actual damages incurred by Lake County for as long as the non-compliance continues. For purposes of this division (J), each day in which any such violation shall occur shall be deemed a separate violation.
(1) Lake County may recover reasonable attorney's fees, court costs, court reporter fees, and any other expenses associated with enforcement activities, including but not limited to sampling and monitoring expenses, and the cost of any actual damages incurred by Lake County.
(2) Lake County shall petition the Court to impose, assess, and recover such sums. In determining the extent of the liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation(s), the magnitude and duration, any economic benefit gain through the user's violation(s), corrective actions by the user, the compliance history of the user, and any other factors as justice requires.
(K) Additional remedies.
(1) In addition to the remedies available to Lake County set forth elsewhere in this chapter, if Lake County is fined by the State of Illinois or USEPA for violation of Lake County's NPDES permit or violation of water quality standards as a result of a discharge of pollutants, then the fine, including all of Lake County's legal, sampling, analytical testing costs and any other related costs shall be charged to the responsible user(s). Such charge shall be in addition to, and not in lieu of, any other remedies Lake County may have under this chapter, statutes, regulations, at law or in equity.
(2) If the discharge from any user causes a deposit, obstruction, or damage to any portion of the Lake County wastewater collection system or Water Reclamation Facilities, the Director or his or her representative shall cause the deposit or obstruction to be promptly removed or cause the damage to be promptly repaired. The cost for such work, including materials, labor, and supervision, shall be borne by the person(s) causing such deposit, obstruction, or damage.
(3) The remedies provided in this chapter shall not be exclusive and Lake County may seek whatever other remedies are authorized by statute, at law or in equity against any person violating the provisions of this chapter. Lake County is hereby empowered to take more than one enforcement action (remedy) against any non-compliant user. These actions may be taken concurrently.
(Ord. 19-1394, passed 9-11-2019)