(a) The Village may take steps as are necessary 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 people, to the environment, causes interference to the treatment facilities, or causes the Village to violate any conditions of its NPDES permit.
(b) Any user who violates the following conditions of this chapter or applicable state and federal regulations is subject to penalties as outlined in this chapter:
(1) Failure of a User to factually report the wastewater constituents and characteristics of his discharges.
(2) Failure of the User to report significant changes in operations or wastewater constituents and characteristics.
(3) Refusal of reasonable access to the User's premises for the purpose of inspection or monitoring.
(4) Violation of conditions of the permit.
(c) Whenever the Village finds that any user has violated or is violating this chapter or any prohibition, limitation of requirements contained herein, the Village may serve upon such person a written notice stating the nature of the violation. Within thirty days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the City by the User.
(d) At the end of each calendar year, the Village will publish a list of all Users who have significantly violated the provisions of this chapter or the requirements for any applicable federal, state, or local pretreatment standard. This list will be published in the largest newspaper serving the Village.
(e) If the violation is not corrected by timely compliance, the Village may order any person who causes or allows an unauthorized discharge to show cause before the Village Administrator why service should not be terminated. A notice shall be served on the offending party, specifying the time and place of a hearing to be held by the Village Administrator regarding the violation, and directing the offending party to show cause before the Village Administrator why an order should not be made directing the termination of service. The notice of the hearing shall be served personally or by Registered or Certified mail (return receipt requested) at least fifteen days before the hearing. Service may be made on any agent or officer of a corporation.
(f) The Village Administrator may himself conduct the hearing and take the evidence, or may designate any officer or employee of the Village to:
(l) Issue in the name of the Village notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in any such hearings.
(2) Take the evidence.
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Village Administrator for action thereon.
(g) At any public hearing, testimony taken before the Village Administrator or any person designated by him 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 charges therefor.
(h) After the Village Administrator has reviewed the evidence, he may issue an order to the party 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 or existing treatment facilities, devices, or other related appurtenances are properly operated, and such further orders and directives as are necessary and appropriate.
(i) Any discharge in violation of the substantive provisions of this chapter or an order of the Village Administrator shall be considered a public nuisance. If any person discharges sewage, industrial wastes, or other wastes into the Village treatment system contrary to the substantive provisions of this chapter, or any order of the Village Administrator, the Solicitor shall commence an action for appropriate legal and/or equitable relief in the proper Court having jurisdiction.
(j) Any person who is found to have violated an order of the Village Administrator or who willfully or negligently failed to comply with any provision of this chapter, and the orders, rules, and regulations issued hereunder, including false statements, representation or certification of applications, records or reports, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Village may recover reasonable attorneys' fees, court costs, court reporters' fees, and other expenses of litigation by appropriate suit of law against the person found to have violated this chapter.
(k) Any Discharger or any interested party shall have the right to request in writing an interpretation or ruling by the Village Administrator on any matter covered by this chapter and shall be entitled to a prompt written reply. In the event that such inquiry is by a Discharger and deals with matters of performance or compliance with this chapter or deals with a Wastewater Discharge Permit issued pursuant hereto for which enforcement activity relating to an alleged violation is the subject, receipt of a Discharger's request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. Appeal of any final judicial order entered pursuant to this chapter may be taken in accordance with local and State law.
(Ord. 1987-65. Passed 11-12-87.)