(a) Notification of Violation, Administrative Adjustment.
(1) Whenever the Village finds that any user has violated, or is violating provisions of this chapter or engaged in conduct which justifies termination of a wastewater treatment service, pursuant to subsection (c) hereof, the Administrator may serve or cause to be served upon such user, a written notice either personally or by certified or registered mail, return receipt requested, stating the nature of the alleged violation.
(2) Within ten (10) days of the date of receipt of the notice the user shall respond personally or in writing to the Village Administrator, advising of its position with respect to the allegations. Thereafter the parties shall meet to ascertain the veracity of the allegations and, where necessary, establish a plan for the satisfactory correction thereof.
(b) Orders. The Administrator may issue orders to any user as deemed necessary to administer and enforce the provisions of this chapter. No user shall violate any order issued to that user. Orders shall be served upon the affected user directly or by certified mail. Any user issued an order by the Village may appeal that order according to subsection (e) hereof. The Administrator may issue, but is not limited to the following type of orders:
(1) Consent orders. The Administrator may enter into consent orders establishing an agreement with any user responsible for non-compliance. Such orders shall include specific action to be taken by the user to correct the non-compliance within a specified time period.
(2) Compliance orders. When the Village finds that a user has violated, or continues to violate this chapter, the Administrator may issue an order to that user, directing the user that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities have been installed and properly operated. The orders may also contain other requirements as deemed necessary and appropriate to address the non- compliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
(3) Cease and desist orders. When the Village finds that a user has violated, or continues to violate this chapter, the Administrator may issue an order to cease and desist such violations and direct those users in non-compliance to: comply forthwith; and/or take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
(c) Revocation of Treatment Services. The Village may seek to suspend or terminate the water and/or wastewater treatment services, and where applicable, revoke the discharge permit of any user which fails to:
(1) Factually report the wastewater constituents and characteristics of its discharge;
(2) Report significant changes in wastewater constituents or characteristics;
(3) Permit reasonable access to the user's premises by a representative of the Village for the purpose of inspection or monitoring; or
(4) Observe and comply with the conditions of this chapter, their permit, or any final judicial order entered with respect thereto.
Reissuance of a discharge permit shall be at the discretion of the Administrator, and may be subject to such conditions as deemed appropriate.
(d) Show Cause Hearing. Where the violation of a subsection hereof is not corrected by timely compliance by means of administrative adjustment, the Village may order any user which causes or allows conduct prohibited by subsection (c) hereof, to show cause before the Administrator or his duly authorized representatives, why the proposed service enforcement action should not be taken. A written notice shall be served on the user either personally or by certified or registered mail, return receipt requested, specifying the time and place of a hearing to be held by the Administrator, or his designee, regarding the violation, the reasons why the enforcement action is to be taken, the proposed enforcement action, and directing the user to show cause before the Administrator why the proposed enforcement action should not be taken. The notice of hearing shall be served no less than ten (10) days before the hearing. Service may be made on any agent, officer, or authorized representative of a user. The Administrator shall conduct the hearing and take evidence. At the hearing, all testimony shall be taken under oath and recorded stenographically. The transcript shall be make available to the public or any party to the hearing upon full payment of the costs of the transcript. Within ten (10) days of the hearing, the Administrator shall transmit to the Village Council his written recommendations for enforcement action against the discharger, together with his written report of the evidence and a complete transcript or the hearing. Within thirty (30) days of receipt of the recommendations of the Administrator, the Village Council shall impose whatever enforcement action it deems necessary and appropriate to accomplish the purpose and policy of this chapter. The Administrator shall give written notice to the user of the date, time, and place of each meeting of the Village Council at which the recommendations of the Administrator shall be considered. Notwithstanding any other provision in this chapter, the Village and the user may enter into an agreement to correct the violations and to accomplish the purpose and policy of this chapter, subject to the following:
(1) The agreement shall be in writing and signed by the Administrator and the agent or officer of the user;
(2) If the Administrator has transmitted his recommendations to the Village Council, the agreement must be approved by Village Council;
(3) The agreement must provide that all violations of this chapter will be corrected;
(4) All costs of the hearing to show cause and all costs incurred by the Village must be paid in full by the user; and
(5) The user must agree to any additional reporting requirements that the Village Council deems necessary to protect the Sewer Works from further misuse.
Any user who fails to appear at a Show Cause Hearing shall be deemed to have agreed to whatever action is taken by the Village Council as a result of the Show Cause Hearing. Appeal of such orders may be taken by the user in accordance with applicable local or State law.
(e) Right of Appeal. Any user or any interested party shall have the right to request in writing an interpretation or ruling by the Village Council on any matter covered by this chapter and shall be entitled to a prompt written reply. The request shall be filed within ten (10) days of action resulting from this chapter. In the event that such inquiry is by a user and deals with matters of performance or compliance with this chapter for which enforcement activity relating to an alleged violation is pending, receipt of the user's request shall stay all enforcement proceedings pending receipt of the aforesaid written reply. The Village Council shall convene a hearing to discuss the matter within thirty (30) days of receipt of said request. The Village Council may grant continuances if deemed necessary. A written decision on the request shall be issued within ten (10) days of the hearing. Appeal of any final order entered pursuant to this chapter may be taken in accordance with local and State law.
(f) Emergency Suspension of Service. The Village Council may, for good cause shown, suspend an industrial user’s waste discharge permit and/or suspend the wastewater treatment service to a user when it appears to the Village Council that an actual or threatened discharge presents or may present an imminent or substantial danger to the health or welfare of persons or to the environment, interferes with the operation of the sewage works, or violates any pretreatment limits imposed by this chapter. Any user notified of the suspension of the Village's wastewater treatment service shall immediately cease all discharges. In the event of failure of the user to comply voluntarily with the suspension order, the Village may commence judicial proceedings to compel compliance with such order. The Village shall have such remedies to collect all fees incurred from such proceedings as it has to collect other sewer service charges. The Village Council shall reinstate the wastewater treatment service and terminate judicial proceedings upon proof by the user of the elimination of the non-complying discharge or conditions creating the threat of imminent or substantial danger as set forth above.
(g) Enforcement Actions; Annual Publication. At least annually, the Administrator shall publish a list of all industrial users which at any time during the previous twelve (12) months were in significant non-compliance (SNC) with applicable pretreatment requirements. For the purposes of this provision, an industrial user is in significant non-compliance if its violations meet one of the following criteria:
(1) Chronic violations of wastewater discharge limits, defined here as those in which sixty (60) percent or more of all of the measurements taken during a six (6) month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter;
(2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all of the measurements for each pollutant parameter taken during a six (6) month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD5, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the Administrator determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of WWTP personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment of human health, welfare, or to the environment or has resulted in the Village's exercise of emergency authority to halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report non-compliance; or
(8) Any other violation, or group of violations, which the Administrator determines will or has adversely affected the operation or implementation of the Village's pretreatment program.
(h) Administrative Fines. Any user who violates this chapter or any orders or permit issued hereunder, may be assessed, on a strict liability basis, administrative fines not to exceed one thousand dollars ($1000) per violation. Each day a violation occurs or continues shall be deemed a separate violation. Such assessments may be added to the user's next scheduled service charge and the Village shall have such other collection remedies as it has to collect other service charges.
(i) Recovery of Costs Incurred by the Village. Any user violating any of the provisions of this chapter or who discharges or causes a discharge producing a deposit or obstruction, or causes damage to or impairs the Village sewage works shall be liable to the Village for any expense, loss, or damage caused by such violation or discharge, including any EPA fines incurred by the Village as a result of the violation. The Administrator shall bill the user for the costs incurred by the Village for any cleaning, repair, or replacement work caused by the violation or discharge. Refusal to pay the assessed costs shall constitute a violation of this chapter enforceable under the provisions of subsection (c) hereof.
(Ord. 10-96. Passed 3-25-96.)