§ 53.045 PROTECTION OF SEWAGE WORKS FROM DAMAGE.
   (A)   Sewage works protected.
      (1)   No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
      (2)   No unauthorized persons shall uncover, make connections with or any opening into, use, alter or disturb any public sanitary sewer or appurtenance thereof without obtaining a written permit from the Village Administrator.
   (B)   Spill containment. Each user having the ability to cause interference with the wastewater treatment plant or to violate the regulatory provisions of this chapter shall provide protection from accidental discharge to the wastewater treatment plant of prohibited materials or other substances regulated by this chapter. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner or user’s own cost and expense.
   (C)   Immediate notification. In the case of a discharge of compatible or incompatible pollutants which causes a violation of the user’s discharge permit or violation of the regulatory requirements of this chapter, it shall be the responsibility of the user to immediately telephone and notify the village of the incident. The notification shall include name of caller, location and time of discharge, type of wastewater, concentration and volume.
   (D)   User’s liability. The user responsible for the spill or discharge of pollutants in excess of the user’s discharge permit or violation of the regulatory requirements of this chapter shall be liable for any expense, loss, damage or other liability which may be incurred as a result of damage to the wastewater treatment works, fish kills or any other damage to person or property and to any fines, civil penalties or other liability which may be imposed by this chapter or otherwise.
   (E)   Additional remedies. In addition to the remedies set forth elsewhere in this chapter, if the village is fined by the IEPA or USEPA for violation of the village’s NPDES permit or violation of water quality standards as the result of a user’s discharge of a compatible or incompatible pollutant, then the fine, including all village legal, engineering sampling, analytical testing costs and any other related costs shall be charged to the responsible user. The charge shall be in addition to, and not in lieu of, any other remedies the village may have under this chapter, statutes, regulations, at law or in equity.
   (F)   User’s responsibility. The user shall control production or all discharges to the extent necessary to maintain compliance with all applicable regulations upon reduction, loss or failure of any preliminary treatment or flow-equalization facility until that facility is restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the facility is reduced, lost or fails.
(Ord. 18-04-01, passed 4-24-2018) penalty, see § 53.999
Cross-reference:
   Disorderly conduct, see § 131.16