Whenever the Superintendent or Monroe County Pure Waters finds
that any user has violated or is violating this chapter, order, prohibition,
limitation or requirement permitted by this chapter, the Superintendent
may serve upon such person a written notice stating the nature of
the violation. Within 10 calendar days of the date of the notice,
an explanation of the violation and a plan for the satisfactory correction
and prevention thereof shall be submitted to the Superintendent by
the user. The correction and prevention plan shall include specific
actions. Submission of this plan in no way relieves the user of liability
for any violations caused by the user before or after receipt of the
notice of violation.
The Village of Churchville and/or Monroe County Pure Waters
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 orders shall include
specific action to be taken by the user to correct the noncompliance
within a time period also specified by the order. Consent orders shall
have the same force and effect as an administrative order.
A.
When the Village of Churchville and/or Monroe County Pure Waters
finds that a user has violated or continues to violate this chapter
or an order issued thereunder, it may issue an order to the user responsible
for the discharge directing that, following a specified time period,
sewer service shall be discontinued unless the violation is corrected
and that there is no reoccurrence of the violation. Orders may also
contain such other requirements as might be reasonably necessary and
appropriate to address the noncompliance, including the installation
of pretreatment technology, additional self-monitoring and management
practices.
B.
The user may, within 15 days of receipt of such order, petition the
Village of Churchville and/or Monroe County Pure Waters to modify
or suspend the order. Such petition shall be in written form and shall
be transmitted to the Village of Churchville and/or Monroe County
Pure Waters by registered mail. The Village of Churchville and/or
Monroe County Pure Waters may:
A.
Notwithstanding any other section of this chapter, any user who is
found to have violated any provision of this chapter or permits and
orders issued hereunder shall be fined in an amount not to exceed
the maximum amount as set by Section 9.7 of the Sewer Use Law of Monroe
County, as amended, per violation. Each day on which noncompliance
shall occur or continue shall be deemed a separate and distinct violation.
B.
The user may, within 15 calendar days of notification of such fine,
petition the Village of Churchville and/or Monroe County Pure Waters
to modify or suspend the fine. Such petition shall be in written form
and shall be transmitted to the Village of Churchville and/or Monroe
County Pure Waters by registered mail. The Village of Churchville
and/or Monroe County Pure Waters may:
A.
When the Village of Churchville and/or Monroe County Pure Waters
finds that a user has violated or continues to violate this chapter
or order issued hereunder, it may issue an order to cease and desist
all such violations and direct those persons in noncompliance to:
B.
The user may, within 15 days of receipt of such order, petition the
Village of Churchville and/or Monroe County Pure Waters to modify
or suspend the order. Such petition shall be in written form and shall
be transmitted to the Village of Churchville and/or Monroe County
Pure Waters by registered mail. The Village of Churchville and/or
Monroe County Pure Waters may:
A.
The Village Board may order any user appealing administrative remedies
for violations of this chapter to show cause, before the Village Board,
why an enforcement action initiated by the Superintendent or Village
Board 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 Village Board regarding
the violation, the reasons why the action is to be taken and the proposed
enforcement action and directing the user to show cause before the
Village Board 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 calendar
days before the hearing. Service may be made on any principal or executive
officer of a user's establishment or to any partner in a user's establishment.
B.
The Village Board may itself conduct the hearing and take evidence
or may designate any of its members or any officer or employee of
the Village of Churchville to:
(1)
Issue, in the name of the Village Board, 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 Village Board
for action thereon.
C.
After the Village Board has reviewed the evidence, it may order the
user to comply with the Village's order or fine, modify the Village's
order or fine or vacate the Village's order or fine.
Any person who violates any of the provisions of or who fails
to perform any duty imposed by this chapter or any order or determination
of the Village Board or Superintendent promulgated under this chapter
shall be liable to the Village of Churchville for a civil penalty
not to exceed the maximum amount as set by Section 9.7 of the Sewer
Use Law of Monroe County, as amended, for each such violation, to
be assessed after a hearing held in conformance with the procedures
set forth in this article. Each violation shall be separate and distinct
violation, and in the case of continuing violation, each day's continuance
thereof shall be deemed a separate and distinct violation. Such penalty
may be recovered in an action brought by the Village of Churchville
Attorney at the direction of the Village Board, in the name of the
Village of Churchville, in any court of competent jurisdiction. In
addition to the above-described penalty and damages, the Village of
Churchville may recover reasonable attorney's fees, court costs and
other expenses associated with the enforcement activities, including
sampling and monitoring expenses. Such civil penalty may be released
or compromised by the Village Board before the matter has been referred
to the Village of Churchville Attorney, and where such matter has
been referred to the Village of Churchville Attorney, any such penalty
may be released or compromised and any action commenced to recover
the same settled and discontinued by the Village of Churchville Attorney
with the consent of the Village Board.
A.
In addition to the power to assess penalties as set forth in this
article, the Village Board shall have the power, following the hearing
held in conformance with the procedures set forth in this article,
to seek an order enjoining the violator from continuing the violation.
B.
Any such order shall be sought in an action brought by the Village
of Churchville Attorney at the request of the Village Board, in the
name of the Village of Churchville, in any court of competent jurisdiction.
C.
The Village of Churchville shall petition the court to impose, assess
and recover such sums imposed according to this article. In determining
amount of liability, the court shall take into account all relevant
circumstances, including but not limited to the extent of harm caused
by the violation, the magnitude and duration, any economic benefit
gained through the user's violation, corrective actions by the user,
the compliance history of the user and any other factor as justice
requires.
A.
Any person who willfully violates any provision of this chapter or
any final determination or order of the Village of Churchville Superintendent
or Village Board made in accordance with this article shall, in addition,
be guilty of a violation and, upon conviction thereof, shall be punished
by a fine not to exceed the maximum amount as set by Section 9.7 of
the Sewer Use Law of Monroe County, as amended. Each offense shall
be a separate and distinct offense, and, in the case of a continuing
offense, each day's continuance thereof shall be deemed a separate
and distinct offense. In the event of a second or any subsequent convictions,
the user shall be punishable by a fine not to exceed the maximum amount
as set by Section 9.7 of the Sewer Use Law of Monroe County, as amended.
B.
Any user who knowingly makes any false statements, representations
or certifications in any application, record, report, plan or other
document filed or required to be maintained pursuant to this chapter
or wastewater permit or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required under this chapter
shall, upon conviction, be punished by the maximum fine allowable
by law.
C.
No prosecution under this section shall be instituted until after
final disposition of a show-cause hearing, if any, was instituted.
Whenever a user has violated or continues to violate the provisions
of this chapter or permit or order issued hereunder, the Village Board
may petition the court, in the name of the Village of Churchville,
for the issuance of a preliminary or permanent injunction, or both
(as may be appropriate), which restrains the violation of or compels
the compliance with any order or determination thereunder by the Village
Board.
Any person violating any of the provisions of this chapter shall,
in addition, be civilly liable to the Village of Churchville for any
expense, loss or damage occasioned to the Village of Churchville by
reason of such violation.
A.
Notwithstanding any inconsistent provisions of this chapter, whenever
the Superintendent finds, after investigation, that any user is causing,
engaging in or maintaining a condition or activity which, in his judgment,
present an imminent danger to the public health, safety or welfare
or to the environment or is likely to result in irreparable damage
to the wastewater facilities or the environment and it therefore appears
to be prejudicial to the public interest to delay action until notice
and an opportunity for a hearing can be provided, the Superintendent
may, without prior hearing, order such user by notice, in writing
wherever practicable or in such other form as practices are intended
to be proscribed, to discontinue, abate or alleviate such condition
or activity, and thereupon such person shall immediately discontinue,
abate or alleviate such condition or activity; or where the giving
of notice is impracticable or in the event of a user's failure to
comply voluntarily with an emergency order, the Superintendent may
take all appropriate action to abate the violating condition. As promptly
as possible thereafter, not to exceed 30 calendar days, the Superintendent
shall provide the user an opportunity to be heard in accordance with
the provisions of this article.
B.
The Superintendent, acting upon the belief that an emergency exists,
shall be indemnified and held harmless against any personal liability
that may arise in the performance of his duties to protect the public
health, safety or welfare or to preserve the wastewater facilities.
A.
If there shall be any payments which are due to the Village of Churchville,
or any department thereof, pursuant to any article or section of this
chapter which shall remain due and unpaid, in whole or in part, for
a period of 20 calendar days from the date of billing by the Village
of Churchville, the same shall constitute a default, and there shall
be added to the entire amount of the original bill a penalty equal
to a penalty equal to the amount set forth in the Village of Churchville
fee schedule.
B.
In the event that there are any sewer taxes, assessments or other
service charges which are owing as of January 21 of any year, the
Village Clerk shall thereafter cause a written notice to be served
upon the owner of the property involved, at his or her last known
address, stating that at a time and place therein specified, the Village
Clerk will assess such costs and/or delinquencies or default amounts
against the property. Such notice shall be served at least 10 days
prior to the time specified therein.
C.
At the time and place so specified, the Village Clerk shall hear
the parties interested and shall thereupon complete the assessment,
stating therein the name of the owner and the amount so assessed,
and shall return the assessment and the report thereon to the Village
Board. Such Village Board shall certify such assessment and cause
the amount therein stated to be levied against such property, and
any uncollected assessments shall be a lien upon the land affected.
Such amount shall be levied and collected at the same time and in
the same manner as other Village taxes and shall be paid to the Village
of Churchville and be applied to reimbursing the fund or funds from
which such cost was originally defrayed.
D.
If such notice is served against a corporation it may be served upon
the corporation at its principal place of business, place of business
of an agent of a corporation within the Village or upon the Secretary
of State. Notice served upon the Secretary of State shall be served
at least 14 days previous to the time specified therein.
E.
The Village Clerk is thereafter directed to add the entire amount
of the sewer tax, assessment or other service charge which shall be
in default, plus penalty and interest, as provided for in this chapter,
to the real property taxes due and owing to Village of Churchville
in the next succeeding year, and the Village Clerk is directed to
collect the same in the same manner as real property taxes due and
owing to the Village of Churchville are collected.
F.
Where charges are delinquent and the violator is not a resident of
the Village of Churchville or if the Village so elects in any particular
case, then the Village of Churchville may authorize its attorney to
seek recovery of charges, including any and all damages, and to pursue
any and all available remedies in a court of competent jurisdiction.
