The Commissioner may suspend the wastewater treatment service and/or a special permit when such suspension is necessary, in the opinion of the Commissioner, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health and subject to the penalties further set forth in Chapter 1, General Provisions, Article III, § 1-15 of this Code or welfare of persons, to the environment, causes interference to the POTW or causes the Village to violate any condition of its SPDES permit. Any person notified of a suspension of the wastewater treatment service and/or the special permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Village shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The Village shall reinstate the special permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Village within 15 days of the date of occurrance. Any user who violates the following conditions of this chapter or applicable state and federal regulations is subject to having his or her permit revoked in accordance with the procedures of this chapter:
A. 
Failure of a user to factually report the wastewater constituents and characteristics of his or her discharge;
B. 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics;
C. 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or
D. 
Violation of conditions of the permit.
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter or special permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring devise or method required under this chapter shall, upon conviction, be guilty of a misdemeanor punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or both.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Whenever the Village finds that any user has violated or is violating this chapter, a general permit, a special permit or any prohibition, limitation of requirements contained herein, the Village may serve upon such person a written notice; a plan for the satisfactory correction thereof shall be submitted to the Village by the user.
A. 
The Village may order any user who causes or allows an unauthorized discharge to enter the POTW to show cause before the Commissioner why the proposed enforcement action should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Commissioner regarding the violation, the reasons why the action is to be taken, the proposed enforcement action and directing the user to show cause before the Commissioner why the proposed enforcement action should not be taken. The notice of the hearing shall be served personally or by registered or certified mail (return receipt requested) at least 10 days before the hearing. Service may be made on any agent or officer of a corporation. The Commissioner may conduct the hearing and take the evidence or may designate any officer or employee of the Department of Public Works to:
(1) 
Issue, in the name of the Commissioner, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(2) 
Take the evidence.
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Commissioner for action thereon.
B. 
At any hearing held pursuant to this chapter, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
C. 
After the Village has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances that have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
If any person discharges sewage, industrial wastes or other wastes into the Village's wastewater disposal system contrary to the provisions of this chapter, federal or state pretreatment requirements or any order of the Village, the Village Attorney may commence an action for appropriate legal and/or equitable relief.
[Amended 10-6-1997 by L.L. No. 9-1997]
Any user who is found to have violated an order of the Village or who willfully or negligently failed to comply with any provision of this chapter, except § 208-50, and the orders, rules, regulations and permits issued hereunder shall be subject to a fine of not more than $1,000 or imprisonment for not more than one year or both such fine and imprisonment for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the Village may recover reasonable attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the order, rules, regulations and permits issued hereunder. A violation of this chapter may also result in the termination of disposal authorization at the discretion of the Commissioner.