(A) Enforcement; Violations:
1. The director shall have primary responsibility for the enforcement of the provisions of this chapter. The village of Lisle may enter into agreements with other governmental units for the purpose of implementing this chapter.
2. A person violates this chapter when that person:
(a) Performs any act expressly prohibited by any provision of this chapter; or
(b) Disobeys, neglects, or fails to carry out or comply with any provision of this chapter or of any order or notice issued by the director; or
(c) Allows any condition or act that violates any provision of this chapter to continue unabated on property owned, leased, managed, or under the control of such person; or
(d) Directs, orders, permits, or allows a second person to do any act expressly prohibited by any provision of this chapter, or to maintain or continue unabated any condition or act that violates any provision of this chapter on property owned, leased, managed or under the control of the first person.
(B) Notice To Correct Violations; Director May Take Action:
1. The director may issue a notice of violation ordering a person to take action to achieve compliance with the provisions of this chapter and/or to cease and desist from any action conducted in violation of this chapter. Failure to comply with the terms and conditions of a notice of violation and/or order to cease and desist shall constitute a violation of this chapter.
(a) The director shall set forth the form and content of any notices issued under this chapter.
(b) The director may issue a warning of violation ordering a person to take action to achieve compliance with the provisions of this chapter. If a person fails to comply with the terms and conditions of a warning, the director may, thereafter, issue a notice of violation.
(c) The director may issue a warning of violation and disburse educational materials outlining appropriate measures to minimize the discharge of pollutants.
2. If a person fails to comply with an order issued under this section, the director may direct the appropriate legal counsel to commence any legal proceeding authorized by this chapter, under the law or equity, necessary to enforce any provision of this chapter and/or to protect public health and safety. Any legal action brought under this chapter shall be in the name of the village of Lisle.
(C) Emergency Cease And Desist Orders:
1. The department may obtain an emergency order in the event of the following:
(a) Any person has violated, or continues to violate, any provision of this chapter or any order issued hereunder, or that the person's past violations are likely to recur; and
(b) That the person's violation has caused or contributed to an actual or threatened discharge to the MS4 or storm drainage system and an imminent threat of violation is present.
2. The department may issue the emergency order to the violator directing that the violator:
(a) Immediately cease and desist all such violations;
(b) Immediately comply with all requirements of this chapter; and
(c) Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge.
3. Any person notified of an emergency order under this subsection shall immediately comply and stop or eliminate its endangering discharge. In the event of a discharger's failure to immediately comply voluntarily with the emergency order, the department may take such steps as deemed necessary to prevent or minimize harm to the MS4, storm drainage system, or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility's water supply, sewer connection, or other municipal utility services. The department may allow the person to recommence its discharge when it has demonstrated to the satisfaction of the department that the period of endangerment has passed, unless further termination proceedings are initiated against the discharger under this chapter. A person that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful discharge and the measures taken to prevent any future occurrence, to the department within fifteen (15) days of receipt of the emergency order. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(D) Violations Deemed A Public Nuisance: Any condition caused or permitted to exist in violation of any provision of this chapter shall constitute a threat to public health and safety and is declared and deemed a public nuisance.
(E) Nuisance Abatement: Whenever a nuisance shall be found to exist on any premises, the director may order such nuisance to be abated upon determination that the nuisance constitutes a threat to public health or safety.
1. In the event of an emergency situation, as determined by the director, involving an immediate threat to public health and safety, the director may direct legal counsel to immediately commence any legal or equitable proceeding necessary to restrain, abate, and/or remedy said situation. The director may take such action without having to first issue a notice of violation to the person(s) having control of, or acting as agent for, such premises where the nuisance is located, or waiting for such person(s) to abate or remove such nuisance as previously ordered by the director.
2. In all other cases, the director may notify, in writing, the person(s) having control of, or acting as agent for, such premises where the nuisance is located and directing such person(s) to abate or remove such nuisance within such time as is stated on the notice. Upon the failure or refusal of such person(s) to comply with the notice, the director may direct that appropriate proceeding commence to compel the abatement, or removal, of such a nuisance in any manner allowed by law, equity, or this chapter and/or authorizing the department to act to abate, or remove, such nuisance. The person(s) having control of such premises, in addition to the other remedies provided by this chapter, shall be liable to the department for any costs incurred by the department to effect such abatement, or removal, including reasonable attorney fees and other costs of enforcement, to be recovered by a court of competent jurisdiction.
(F) Fines: Any person violating any provision of this chapter shall be fined as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures” for each offense, and a separate offense shall be deemed committed on each day during or on which such nuisance remains unabated.
(G) Remedies Not Exclusive: The remedies listed in this chapter are not exclusive of any other remedy available under this chapter or under any applicable federal, state, or local law and do not supersede or limit, any and all other penalties provided by law. The director may seek, at his discretion, cumulative remedies. (Ord. 2009-4280, 10-19-2009; amd. Ord. 2021-4921, 9-20-2021)