(A) Civil Penalties: Any user who is found to have violated an order of the city council or who has failed to comply with any provision of this chapter or the city of Kankakee's utility ordinance, and orders, rules, regulations and permits issued here or there under, shall be fined by the city of Kankakee in an amount not to exceed one thousand dollars ($1,000.00) for each violation in accordance with the terms and provisions of 65 Illinois Compiled Statutes 5/1-2-1 et seq. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense and a separate offense shall be deemed to have occurred for each constituent listed in subsections 6-6-2(A) and (D) of this chapter found to exceed the limits established in those subsections during any such day. In addition to the penalties provided herein, KMU may recover reasonable attorney fees, court costs, court reporter fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations, and permits issued hereunder. In default of payment of such forfeiture and costs, said violator shall be imprisoned for a period not to exceed six (6) months.
(B) Injunctive Relief: In addition to the fine levied upon conviction of a violator, the city council may, where the circumstances of the particular case so dictate, direct the corporation council to seek injunctive relief to prohibit the user from discharging into the sanitary sewer system, to restrain violations of this chapter or to provide such affirmative relief as may be appropriate.
(C) Costs Of Damage: Any user violating any of the provisions of this chapter or who has a discharge which causes a deposit, obstruction, damage or other impairment to the sanitary sewers shall become liable to KMU for any expense, loss, or damage caused by the violation or discharge. KMU may add to the user's charges and fees the cost assessed for any cleaning, repair, or replacement work caused by the violation or discharge. Any refusal to pay the assessed costs shall constitute a violation of this chapter.
(D) Revocation Of Sewer Service:
1. Conditions For Revocation: Any user who violates this chapter, its permit, the Illinois environmental protection act or the federal act, or regulations promulgated under either act, or any of the following, is subject to having its permit revoked in accordance with the procedures of this section:
(a) Failure of a user to factually report the wastewater constituents and characteristics of its discharge as determined by the user's or KMU's analysis;
(b) Failure of the user to report significant changes in process activity or wastewater constituents and characteristics;
(c) Refusal of reasonable access to the user's premises by KMU representatives for the purpose of inspection or monitoring; or
(d) Tampering with, disrupting, or destroying KMU equipment;
(e) Failure to report an accidental discharge of a pollutant;
(f) Failure to report an upset of user's treatment facilities;
(g) Violations of conditions of the permit;
(h) Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application;
(i) Falsifying self-monitoring reports;
(j) Failure to meet effluent limitations;
(k) Failure to pay fines;
(l) Failure to pay sewer charges;
(m) Failure to meet compliance schedules;
(n) Failure to complete a wastewater survey, or any other required reports.
2. Procedures For Revocation:
(a) The superintendent may order any user who causes or allows any action, which is subject to revocation under subsection (D)1 of this section to show cause before the city council why its permit should not be revoked. A notice shall be served on the user specifying the time and place of a hearing to be held by the city council regarding the violation, the reasons why the action is to be taken, the proposed action, and directing the user to show cause before the city council why its permit should not be revoked. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.
(b) The city council may itself conduct the hearing and take the evidence, or may designate any of its members or its attorney to:
(1) Issue in the name of the city council notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing;
(2) Take the evidence;
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence together with recommendations to the city council for action thereon.
(c) At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded 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 copying charges therefor.
(d) After the city council has reviewed the evidence, it may issue an order to the user responsible for the discharge directing either:
(1) That the discharge permit be revoked and the service be disconnected;
(2) That following a specified time the permit shall be revoked and sewer service discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and operated properly to comply with the discharge permit;
(3) Direct the user to cease the unauthorized discharge effective after a specified period of time;
(4) That such other relief as deemed necessary by the city council to abate the discharge be granted. Further orders and directives as are necessary may be issued.
(e) Following an order of revocation, the user shall cease discharging to the city. Failure to do so shall be evidence of continuing harm to the sanitary sewers and provide grounds for the granting of injunctive relief or temporary restraining orders.
(E) Other Remedies: The remedies hereinabove provided shall not be exclusive and the city may seek whatever other remedies are authorized by statute, at law or in equity against any person violating the provisions of this chapter. (Ord. 06-70, 2-20-2007)