(a) Emergency Suspension of Service and Discharge. The Village Administrator or his authorized representative, may for good cause shown, suspend the wastewater treatment service to a Discharger when it appears to the Village Administrator or his authorized representative that an actual or threatened discharge presents or threatens an imminent or substantial danger to the health or welfare of persons, substantial danger to the environment, interference with the operation of the POTW, or violates any pretreatment limits imposed by this Regulation. Any Discharger notified of the suspension of the Village Administrator or his authorized representative wastewater treatment service shall immediately cease all discharges. In the event of failure of the Discharger to comply voluntarily with the suspension order, the Village Administrator or his authorized representative shall commence judicial proceedings immediately thereafter to compel the Discharger's compliance with such order. The Village Administrator or his authorized representative shall reinstate the wastewater treatment service and terminate judicial proceedings pending proof by the Discharger of the elimination of the non-complying discharge or conditions creating the threat of imminent or substantial danger as set forth above.
(b) Revocation of Treatment Services. The Village Administrator or his authorized representative may seek to terminate the wastewater treatment services to any Discharger that:
(1) Fails to factually report the wastewater constituents and characteristics of its discharge.
(2) Fails to report significant changes in wastewater constituents or characteristics if requested.
(3) Refuses reasonable access to the Discharger's premises by representatives of the Village Administrator or his authorized representative for the purpose of inspection or monitoring.
(4) Violates the conditions of this Regulation, or any final judicial order entered with respect thereto.
(c) Notification of Violation-Administrative Adjustment. Whenever the Village Administrator or his authorized representative finds that any Discharger has engaged in conduct which justifies termination of a wastewater treatment services, pursuant to subsection (b) hereof, the Village Administrator or his authorized representative shall serve or cause to be served upon such Discharger, a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation. Within 30 days of the date of receipt of the notice, the Discharger shall respond personally or in writing to the Village Administrator or his authorized representative advising of its position with respect to the allegations. Thereafter, the parties shall meet to ascertain the veracity of the allegations and where necessary, the Village Administrator or his authorized representative shall define a plan for the satisfactory correction thereof.
(d) Show Cause Hearing. Where the violation of subsection (b) hereof is not corrected by timely compliance by means of Administration Adjustment, the Village Administrator or his authorized representative may order any Discharger which causes or allows conduct prohibited by subsection (b) hereof to show cause before the Village Administrator or his authorized representative, why the proposed service termination action should not be taken. A written notice shall be served on the Discharger by personal service, specifying the time and place of a hearing to be held by the Village Administrator or his authorized representative regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the Discharger to show cause before the Village Administrator or his authorized representative, why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than ten days before the hearing. Service may be made on any agent, officer, or authorized representative of a Discharger. The proceedings at the hearing shall be considered by the Village Administrator or his authorized representative, which shall then enter appropriate orders with respect to the alleged improper activities of the Discharger.
(e) Judicial Proceedings. Following the entry of any order by the Village Administrator or his authorized representative with respect to the conduct of a Discharger contrary to the provisions of subsection (b) hereof, the Attorney for the Village Administrator or his authorized representative may, following the authorization of such action by the Village Administrator or his authorized representative commence an action for appropriate legal and/or equitable relief in the appropriate local area court.
(f) Operating Upsets. Any Discharger which experiences an upset in operations which places the Discharger in a temporary state of noncompliance with this Regulation, shall inform the Village Administrator or his authorized representative thereof immediately upon first awareness of the commencement of the upset. Where such information is given orally, a written follow-up report thereof shall be filed by the Discharger with the Village Administrator or his authorized representative within five days. The report shall specify:
(1) Description of the upset, the cause thereof and the upset's impact on a Discharger's compliance status.
(2) Duration of noncompliance, including exact dates and times of noncompliance, and if the noncompliance continues, the time by which compliance is reasonably expected to occur.
(3) All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an upset or other conditions of noncompliance.
A documented and verified bonafide operating upset shall be an affirmative defense to any enforcement action brought by the Village Administrator or his authorized representative against a Discharger for any noncompliance with the Regulation which arises out of violation alleged to have occurred during the period of the upset.
(Ord. 11-06. Passed 5-3-11.)