§ 225-27. Violations and penalties.

A. 

Written notice of violation. Any person found to be violating any provision of this article, except § 225-23B, shall be served by the approving authority with a written notice stating the nature of the violation and providing a reasonable time for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. 

Accidental discharge. Any person found to be responsible for accidentally allowing a deleterious discharge into the sewer system which causes damage to the wastewater treatment facilities and/or receiving body of water shall, in addition to a fine, pay the amount to cover damages as established by the approving authority.

C. 

Liability to village for losses. Any person(s) violating any provisions of this article shall, in addition to any penalty or fine that may be assessed against him, become liable to the approving authority for any expense, loss or damage occasioned by reason of such violation which the approving authority may suffer as a result thereof.

D. 

Enforcement of industrial provisions.

(1) 

Notification of violation. Whenever the POTW finds that any industrial user has violated or is violating this article, or a wastewater permit or order issued hereunder, the approving authority or its agent may serve upon said user written notice of the violation. Within 10 days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the approving authority. 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.

(2) 

Civil penalties.

(a) 

Any user who has violated or continues to violate this article, or any order or permit issued hereunder, shall be liable to the POTW for a civil penalty of not more than $1,000, plus actual damages incurred by the POTW, per violation per day for as long as the violation continues. In addition to the above-described penalty and damages, the POTW may recover reasonable attorney fees, court costs and other expenses associated with the enforcement activities, including sampling, monitoring and analysis expenses.

(b) 

The approving authority shall petition the court to impose, assess and recover such sums. In determining the 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 industrial user's violation, corrective actions by the industrial user, the compliance history of the user, and any other factor as justice requires.

E. 

Differences of opinion. The Board of Trustees of the Village shall arbitrate differences between the approving authority and sewer users on matters concerning interpretation and execution of the provision of this article.