(a) Notice of Violation. Whenever the Public Service Director finds that any person has violated or is violating any prohibition, limitation, or provision of this chapter or any Wastewater Discharge Permit, they may serve upon such person a written notice stating the nature of the violation and providing a reasonable time, not to exceed thirty (30) days, for a satisfactory correction thereof. Such notice shall also state that any person in violation of this chapter or any Wastewater Discharge Permit shall be liable for any resulting damages or applicable fines.
(b) Show Cause Hearing. If the violation is not corrected by timely compliance, the Public Service Director may order any person who causes or allows an unauthorized discharge to show cause why service should not be terminated. A written notice shall be served on the User, specifying the time and place of a hearing to be held regarding the violation, and directing the User to show cause 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 (15) days before the hearing. Service may be made on any agent or officer of a corporation. At any public hearing, testimony taken before the Public Service Director or any person designated by him or her, must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any part to the hearing upon payment of the usual charges therefor.
(c) Compliance Order. When the Public Service Director finds that a User has violated or continues to violate this chapter or the terms of any Wastewater Discharge Permit, he or she may issue an order to the party responsible for the discharge directing that, following a specified time period, the sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenances 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. Any person found by the Public Service Director to have violated any provision of this chapter shall have the right to request in writing an interpretation or ruling from the Public Service Director and shall be entitled to a prompt written reply. They shall also have all rights of appeal available to them through the court system.
(d) Emergency Suspension. The Public Service Director may for good cause suspend the wastewater treatment service and the Wastewater Discharge Permit of a Discharger when it appears that an actual or threatened discharge presents or threatens an imminent or substantial danger to the health or welfare of persons or substantial danger to the environment, or interferes with the operation of the POTW. Any Discharger notified of the suspension of wastewater treatment service or the Discharger’s Wastewater Discharge Permit, shall immediately cease all discharge. In the event of a User’s failure to immediately comply voluntarily with the suspension order, the Public Service Director shall take such steps as deemed necessary, including immediately severing or plugging of the sewer connection. Service will only be reestablished following a satisfactory demonstration by the Discharger that such danger has been eliminated and upon payment of a reconnection fee.
(e) Revocation of Permits. The Public Service Director may revoke the Wastewater Discharge Permit and treatment services of any Discharger which violate any condition of this chapter, its permit, or an order of the Village or court of competent jurisdiction.
(f) Any discharge in violation of the substantive provisions of this chapter or an Order of the Public Service Director 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 Public Service Director, the Village may commence an action for appropriate legal and/or equitable relief in the Court of Common Pleas, Madison County.
(g) Any person who is found to have violated an Order of the Public Service Director or who willfully or negligently failed to comply with any provision of this chapter, and the orders, rules, regulations, or permits issued hereunder, shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) for each offense. Each day on which a violation shall occur or continue shall be deemed as 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 at law against the person found to have violated this chapter or the orders, rules, regulations, or permits issued hereunder. (Ord. 99051. Passed 8-16-99.)