Whenever the Superintendent finds that any user has violated
or is violating this chapter, or any wastewater discharge permit,
order, prohibition, limitation, or requirement permitted by this chapter,
the Superintendent or his designee may serve upon such user a written
notice stating the nature of the violation. Within 10 calendar days
of the date the Superintendent mails the notice, an explanation of
the violation and a plan for the satisfactory correction and prevention
thereof to include specific required actions shall be submitted by
the user to the Superintendent. Submission of this plan in no way
relieves the user of liability for any violations occurring before
or after receipt of the notice of violation. Nothing in this article
shall limit the authority of the Superintendent to take any action,
including emergency action, or any other enforcement action, without
first issuing a notice of violation.
The Superintendent is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the user responsible for the noncompliance. Such documents shall include specific action to be taken by the user to correct the noncompliance within a time period also specified by the order. Such documents shall have the same force and effect as an administrative order issued pursuant to §
145-97 of this chapter and shall be judicially enforceable.
The Superintendent may order any user which has violated or
continues to violate this chapter, a wastewater discharge permit or
order issued under this chapter to show cause, before the Superintendent,
why a proposed enforcement action should not be taken. A notice shall
be served on the user specifying the time and place of a hearing,
the reasons why the action is to be taken, the proposed enforcement
action, and directing the user to show cause 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 seven calendar days before the hearing. Service shall be
made on any authorized representative of the user. Whether or not
the user appears as ordered, immediate enforcement action may be pursued
following the hearing date. A show cause hearing shall not be a prerequisite
for taking any other action against the user and the issuance of same
shall not preclude any other action while resolution of the show cause
order is pending.
In the event the Superintendent issues any administrative order,
terminates the user's permit, or makes any fine as set forth
in this article, and the user fails, within the designated period
of time set forth, to petition the Superintendent, as provided in
appropriate sections of this article, the user shall be deemed in
default, and its rights to contest the administrative order or fine
shall be deemed waived.
The notices, orders, petitions, or other notification which
the user or Superintendent shall desire or be required to give pursuant
to any sections of this chapter shall be in writing and shall be served
personally or sent by certified mail or registered mail, return receipt
requested, postage prepaid, and the notice, order, petition, or other
communication shall be deemed given upon its mailing as provided herein.
Any notice, administrative order, or communication mailed to the user
pursuant to the sections of this chapter shall be mailed to the user
where the user's effluent is discharged into transmission lines
to the Village's POTW. Any notice, petition, or other communication
mailed to the Superintendent shall be addressed and mailed to the
Village Hall.
The Superintendent shall have the right, within the Superintendent's
sole discretion, to utilize any one or more appropriate administrative
remedies set forth in this article. The Superintendent may utilize
more than one administrative remedy established pursuant to this article,
and the Superintendent may hold one show cause hearing combining more
than one enforcement action.