(A) Notice of violation.
(1) The village may issue a notice of violation with or without an order against any user believed to be in violation of this chapter and determine the civil administrative penalty, if any, to be imposed. The notice of violation shall be served upon the user either by personal delivery or by first class mail addressed to the user at his or her billing address, except that an immediate cease and desist order may be written or oral and may also be served by telephone.
(2) The notice of violation shall specify the:
(a) Date and time of issuance;
(b) Date(s), time(s) and place(s) of violation;
(c) Nature of the violation;
(d) Possible penalties under the chapter; and
(e) The right of the alleged violator to present to the village written explanations, information or other materials in answer to the notice, including any defenses.
(B) Emergency suspensions and orders.
(1) Issuance of order. If the village determines that a user has violated any provisions of this chapter or other applicable laws or regulations which the village is authorized to enforce, the village may issue an order, with or without notice of violation and whether or not a notice of violation was previously issued, to take action deemed appropriate under the circumstances.
(2) Immediate cease and desist order. The village may issue an order to cease and desist from discharging any wastewater, incompatible pollutant, illegal discharge or illegal connection. The order shall have immediate effect when the actual or threatened discharge of pollutants to the MS4 presents, or may present, imminent or substantial endangerment to the health or welfare of persons, to the environment or cause interference with the operation of the MS4. If action is not taken immediately to correct illegal discharge, the village will implement whatever action is necessary to halt the discharge, including appropriate legal and/or equitable relief, in the appropriate legal forum.
(3) Order to show cause. In cases other than those described in division (B)(2) above, the village may issue an order to show cause why an order to cease and desist by a certain time and date should not be issued. The proposed time for remedial action shall be specified in the order to show cause. The order may also contain the conditions deemed appropriate by the village, including, but not limited to, a requirement to:
(a) Submit samples;
(b) Install sampling or monitoring equipment;
(c) Submit reports;
(d) Permit access for inspection, sampling, tests, monitoring and investigations;
(e) Install and operate pre-treatment equipment;
(f) Reduce or eliminate a discharge or pollutants in a discharge; and
(g) Payment of use permit fees.
(4) Disconnection orders. The Director may disconnect a user from the MS4 if the user violates any provision of a final order issued pursuant to this section or an immediate cease and desist order issued pursuant to division (B)(2) above (whether final or not).
(5) Content of orders. Any order issued by the village shall contain the facts and grounds for its issuance and the remedial action ordered, together with the time within the action shall be taken. No such order shall be deemed insufficient, however, for inconsequential errors and omissions in the facts and grounds for the order. If any user deems the content of the order to contain insufficient information, it may request additional information from the village; however, no request shall extend any time limit or defer any payment, except as hereinafter set forth.
(Ord. 121, passed 8-26-2013)