(a) Emergency Suspension of Service. The Village may for good cause shown suspend wastewater treatment service to a discharger when it appears to the Village 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 violation of any pretreatment limits imposed by this chapter. Any discharger notified of the suspension of the Village’s wastewater treatment service shall, within a reasonable period of time as determined by the Village, cease all discharges. In the event of failure of the discharger to comply voluntarily with the suspension order within the specified time, the Village shall commence judicial proceedings immediately thereafter to compel the discharger’s compliance with such order. The Village shall reinstate wastewater treatment service and terminate any judicial proceedings upon proof by the discharger of the elimination of the noncomplying discharge or conditions creating the threat of imminent or substantial danger as set forth above.
(b) Revocation of Treatment Services. The Village may terminate wastewater treatment services to any discharger who fails to:
(1) Factually report the wastewater constituents and characteristics of its discharges;
(2) Report significant changes in wastewater constituents or characteristics;
(3) Refuses reasonable access to the discharger’s premises by representatives of the Village for the purpose of inspection or monitoring; or
(4) Violates the conditions of this chapter, or any final judicial order entered with respect thereto.
(c) Notification of Violation - Administrative Adjustment. Whenever the Village finds that any discharger has engaged in conduct which justifies termination of wastewater treatment services, pursuant to this section, the Village 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, 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.
(d) Show Cause Hearing. Where the violation of this chapter hereof is not corrected by timely compliance by means of administrative adjustment, the Village may order any discharger who causes or allows conduct prohibited by this chapter to show cause before the Village why the proposed service termination action should not be taken. A written notice shall be served on the discharger by personal service, certified or registered, return receipt requested, specifying the time and place of a hearing to be held by the Village 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 why the proposed enforcement action should not be taken. The notice of the hearing shall be served no less than 10 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, which shall then enter appropriate orders with respect to the alleged improper activities of the discharger. Appeal of such orders may be taken by the discharger in accordance with applicable local or State law.
(e) Judicial Proceedings. Following the entry of any order by the Village with respect to the conduct of a discharger contrary to the provisions of this chapter, the Solicitor for the Village may, following the authorization of such action by the Village, commence an action for appropriate legal and/or equitable relief in the appropriate local court.
(f) Enforcement Actions - Annual Publication. A list of industrial dischargers which were the subject of enforcement proceedings pursuant to this section during the 12 previous months whose violations remained uncorrected 45 or more days after notification of noncompliance; or who have exhibited a pattern of noncompliance over that 12 month period or who involve failure to accurately report noncompliance shall be published annually by the Village in the largest newspaper circulated in Whitehouse, summarizing the enforcement actions taken against the dischargers during the same 12 months.
(g) Right of Appeal. Any discharger or any interested party shall have the right to request in writing an interpretation or ruling by the Village 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 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.
(h) Operating Upsets. Any discharger who experiences an upset in operations which places the discharger in a temporary state of noncompliance with this chapter shall inform the Authority thereof within 24 hours of 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 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 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 against a discharger for any noncompliance with the chapter which arises out of violations alleged to have occurred during the period of the upset.
(Ord. 9-89. Passed 6-20-89.)