A.
Notification of discharge.
(1)
To enable countermeasures to be taken by the agency to minimize damage
to the community sewage treatment facility, the treatment processes
and the receiving waters, users shall notify the agency immediately
upon discharging wastes in violation of limitations contained in this
chapter due to:
(2)
The Administrator shall be notified with five days of the date of
occurrence by a detailed written statement describing the causes of
the discharge and the measures being taken to prevent future occurrences.
Such notification will not relieve users of liability for any expense,
loss or damage to the sewer system, treatment facility or treatment
process or for any fines imposed on the Department on account thereof
under Section 309 of the Federal Act.
B.
Notice to employees. In order that employees of the users be informed
of agency requirements, users shall make available to their employees
copies of this chapter together with such other wastewater information
and notices which may be furnished by the Department from time to
time directed toward some effective water pollution control. A notice
shall be furnished and permanently posted on the user's bulletin board
advising employees, whom to call in case of an accidental discharge
in violation of this chapter.
A.
The Administrator shall prepare an enforcement response plan (ERP).
The ERP shall, in a step-by-step fashion, outline the procedures to
be followed to identify, document and respond to all violations by
users of the POTW. All violations by users of the POTW shall be met
with some type of enforcement response. The response shall be comprehensive
and effective.
B.
The enforcement response plan shall:
(1)
Describe how the Administrator will investigate instances of noncompliance;
(2)
Describe the types of escalated enforcement actions that the Administrator
will take in response to all anticipated types of user violations
and the time periods within which to initiate and follow up these
actions;
(3)
Adequately reflect the POTW's responsibility to enforce all applicable
standards and requirements.
C.
The enforcement response plan shall contain:
(1)
Criteria for scheduling periodic inspection and/or sampling visits
to POTW users.
(2)
Forms and guidelines for documenting compliance data in a manner
which will enable the information to be used as evidence.
(3)
Systems to track due dates, compliance schedule milestones and pending
enforcement actions.
(4)
Criteria, responsible personnel and procedures to select and initiate
an enforcement action.
D.
The range of appropriate enforcement actions shall be based on the
nature and severity of the violation and other relevant factors such
as listed below and shall promote consistent and timely use of enforcement
remedies. The wastewater treatment plant shall approve the ERP. The
ERP shall be reviewed at least every five years.
A.
Notification of violation. Whenever the Administrator finds that
any user has violated or is violating this chapter or any other wastewater
discharge permit, order, prohibition, limitation or requirement permitted
by this chapter, the Administrator may serve upon such person a written
notice stating the nature of the violation. Within 10 calendar days
of the date that the Administrator mails the notice, an explanation
of the violation and a plan for the satisfactory correction and prevention
thereof shall be submitted to the Administrator 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.
B.
Consent orders. The Administrator is 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.
C.
Administrative or compliance orders. When the Administrator finds
that a user has violated or continues to violate this chapter or a
permit or administrative order issued hereunder, they may issue an
administrative order to the user responsible for the discharge directing
that, following a specified time period, sewer service shall be discontinued,
severed and abated unless the violation is corrected and there is
no recurrence of the violation. Administrative 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. The
user may, within 15 calendar days of receipt of such order, petition
the administrator to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Administrator by
registered mail. The Administrator shall then:
D.
Administrative fines.
(1)
Notwithstanding any other section of this chapter, any user who is
found to have violated any provision of this chapter or a wastewater
discharge permit or administrative order issued hereunder shall be
fined in an amount not to exceed $1,000 per violation, unless such
violation causes the City to be subject to a fine by a county, state
or federal regulatory agency, in which case the fine levied against
the City shall in turn be levied against the violating user. Each
day on which noncompliance shall occur or continue shall be deemed
a separate and distinct violation.
(2)
The user may, within 15 calendar days of notification of the Administrator's
notice of such fine, petition the Administrator to modify or suspend
the order. Such petition shall be in written form and shall be transmitted
to the Administrator by registered mail. The Superintendent shall
then:
E.
Cease-and-desist orders.
(1)
When the Administrator finds that a user has violated or continues
to violate this chapter or any permit or administrative order issued
hereunder, the Administrator may issue an administrative order to
cease and desist all such violations and direct those persons in noncompliance
to:
(2)
The user may, within 15 calendar days of the date the Administrator
mails notification of such order, petition the Administrator to modify
or suspend the order. Such petition shall be in written form and shall
be transmitted to the Administrator by registered mail. The Administrator
shall then:
F.
Termination of permit.
(1)
Any user who violates the following conditions of this chapter or
a wastewater discharge permit or administrative order, or any applicable
or state and federal law, is subject to permit termination:
(a)
Violation of permit conditions.
(b)
Failure to accurately report the wastewater constituents and
characteristics of its discharge.
(c)
Failure to report significant changes in operations or wastewater
constituents and characteristics.
(d)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring or sampling.
(2)
Noncompliant industrial users will be notified, by registered mail,
of the proposed termination of their wastewater permit.
(3)
The user may, within 15 calendar days of the date the Administrator
mails such notification, petition the Administrator to permit continued
use of the POTW by the user. Such petition shall be in written form
and shall be transmitted to the Administrator by registered mail.
The Superintendent shall then:
G.
Water supply severance.
(1)
Whenever a user has violated or continues to violate the provisions
of this chapter or an order or permit issued hereunder, water service
to the user may be severed and service will only recommence, at the
user's expense, after it has satisfactorily demonstrated its ability
to comply.
(2)
The user may, within 15 calendar days of severance, petition the
Administrator to reconnect water supply service. Such petition shall
be in written form and shall be transmitted to the Administrator by
registered mail. The Administrator shall then:
H.
Show-cause hearing.
(1)
The Administrator may order any user appealing administrative remedies
for violations of this chapter to show cause, before the City's Common
Council, why an enforcement action initiated by the Administrator
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 Common Council 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
Common Council why the proposed enforcement action should not be taken.
The notice of the hearing shall be served at least 10 calendar days
before the hearing. Service shall be made on any principal or executive
officer of a user's establishment or to any partner in a user's establishment.
(2)
The Common Council may itself conduct the hearing or may designate
any of its members or any officer or employee of the POTW to conduct
the hearing as well as:
(a)
Issue, in the name of the Common Council, notices of hearings
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearings.
(b)
Take the evidence.
(c)
Take sworn testimony.
(d)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Common Council
for action thereon.
(3)
After the Common Council has reviewed the evidence and testimony,
it may order the user to comply with the Administrator's order or
fine, modify the Administrator's order or fine or vacate the Administrator's
order or fine.
I.
Failure of user to petition the Administrator. In the event that
the Administrator 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.
J.
Service of notices or orders. The notices, orders, petitions or other
notification which the user or Administrator 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 City of Cortland's POTW. Any notice, petition
or other communication mailed to the Administrator shall be addressed
and mailed to the wastewater treatment plant.
K.
Right to choose multiple remedies. The Administrator shall have the
right, within the Administrator's sole discretion, to utilize any
one or more appropriate administrative remedies set forth in this
section. The Administrator may utilize more than one administrative
remedy established pursuant to this article, and the Administrator
may hold one show-cause hearing combining more than one enforcement
action.
A.
Civil actions for penalties. Any person who violates any of the provisions
of or who fails to perform any duty imposed by this chapter or any
administrative order or determination of the Administrator promulgated
under this chapter, or the terms of any permit issued hereunder, shall
be liable to the City of Cortland for a civil penalty not to exceed
$1,000 for each such violation, to be assessed after a hearing (unless
the user waives the right to a hearing) held in conformance with the
procedures set forth in this section. Each violation shall be a 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
City of Cortland's attorney, or their designated attorney, at the
request of the Administrator in the name of the City of Cortland,
in any court of competent jurisdiction giving preference to courts
local to the City of Cortland.
(1)
In addition to the above-described penalty, the Administrator may
recover all damages incurred by the City of Cortland from any persons
or users who violate any provisions of this chapter, or who fail to
perform any duties imposed by this chapter or any administrative order
or determination of the Administrator promulgated under this chapter,
or the terms of any permit issued hereunder.
(2)
In addition to the above-described damages, the Administrator may
recover all reasonable attorney's fees incurred by the City of Cortland
in enforcing the provisions of this section, including reasonable
attorney's fees incurred in any action to recover penalties and damages,
and the Administrator may also recover court costs and other expenses
associated with the enforcement activities, including sampling and
monitoring expenses.
(3)
In determining the amount of civil penalty, the court shall take
into account all relative 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
relative factors as justice may require.
(4)
Such civil penalty may be released or compromised by the Administrator
before the matter has been referred to the City of Cortland's Attorney,
and where such matter has been referred to the City's Attorney, any
such penalty may be released or compromised, and any action commenced
to recover the same may be settled and discontinued by the City's
Attorney, with the consent of the Administrator.
B.
Court orders.
(1)
In addition to the power to assess penalties as set forth in this
section, the Administrator shall have the power, following the hearing
held in conformance with the procedures set forth in this article,
to seek an order:
(2)
Any such court order shall be sought in an action brought by the
City of Cortland's Attorney, at the request of the Administrator,
in the name of the City of Cortland, in any court of competent jurisdiction
giving precedence to courts local to the City of Cortland.
(3)
The City of Cortland's Attorney, at the request of the Administrator,
shall petition the Court to impose, assess and recover such sums imposed
according to this section. 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.
C.
Criminal penalties. Any person who willfully violates any provision
of this chapter or any final determination or administrative order
of the Administrator made in accordance with this shall be guilty
of a Class A misdemeanor and, upon conviction thereof, shall be punished
by a fine of not less than $500 nor more than $5,000 or imprisonment
not to exceed one year, or both. 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.
(1)
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 be guilty of a Class A misdemeanor and, upon conviction,
shall be punished by a fine of not more than $1,000 per violation
per day or imprisonment for not more than one year, or both.
(2)
No prosecution under this section shall be instituted until after
final disposition of a show-cause hearing, if any, was instituted.
D.
Additional injunctive relief. Whenever a user has violated or continues
to violate the provisions of this chapter or permit or order issued
hereunder, the Administrator, through counsel, may petition the Court
in the name of the City of Cortland 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 Superintendent.
E.
Summary abatement. Notwithstanding any inconsistent provisions of
this chapter, whenever the Administrator finds, after investigation,
that any user is causing, engaging in or maintaining a condition or
activity which, in the judgment of the Administrator, presents an
imminent danger to the public health, safety or welfare or to the
environment, or is likely to result in severe damage to the POTW or
the environment, and it therefore appears to be prejudicial to the
public interest to allow the condition or activity to go unabated
until notice and an opportunity for a hearing can be provided, the
Administrator 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 Administrator
may take all appropriate action to abate the violating condition.
As promptly as possible thereafter, not to exceed 15 calendar days,
the Administrator shall provide the user an opportunity to be heard,
in accordance with the provisions of this section.
(1)
If the user is not within the geographic boundaries of the City of
Cortland, the right of summary abatement to discontinue, abate or
alleviate conditions or activities shall be those prescribed in the
intermunicipal agreement.
(2)
The Administrator, acting upon the belief that an emergency exists,
shall be indemnified against any personal liability that may arise
in the performance of their duties to protect the public health, safety
or welfare or to preserve the POTW or the environment.
A.
Performance bonds. The Administrator may decline to reissue a permit
to any user which has failed to comply with the provisions of this
chapter or any order or previous permit issued hereunder unless such
user first files with it a satisfactory bond, payable to the POTW,
in a sum not to exceed a value determined by the Administrator to
be necessary to achieve consistent compliance.
B.
Liability insurance. The Administrator may decline to reissue a permit
to any user which has failed to comply with the provisions of this
chapter or any order or previous permit issued hereunder, unless the
user first submits proof that it has obtained financial assurances
sufficient to restore or repair POTW damage caused by its discharge.
C.
Informant rewards. The Administrator is authorized to pay up to $500
for information leading to the discovery of noncompliance by a user.
In the event that the information provided results in an administrative
fine or civil penalty levied against the user, the Administrator is
authorized to disperse up to 10 percent of the collected fine or penalty
to the informant. However, a single reward payment may not exceed
$10,000, including the discovery reward.
D.
Public notification. The Superintendent shall provide public notification,
in the daily newspaper with the largest circulation in the City of
Cortland, of users which were in significant noncompliance of local
or federal pretreatment standards or requirements since the last such
notice. The frequency of such notices shall be at least once per year.
E.
Contractor listings.
(1)
Users which have not achieved consistent compliance with applicable
pretreatment standards and requirements are not eligible to receive
a contractual award for the sale of goods or services to the City
of Cortland.
(2)
Existing contracts for the sale of goods or services to the City
of Cortland held by a user found to be in significant violation with
pretreatment standards may be terminated at the discretion of the
City of Cortland Common Council.
Any person who knowingly makes any false statements, representations, record, report, plan or other document files with the agency or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter is hereby declared in violation of this chapter and subject to the penalties for violation in this Article VI.
All measurements, tests and analyses of the constituents and
characteristics of waters and wastes to which reference is made in
this chapter shall be determined in accordance with the latest editions
of Standard Methods for the Examination of Water and Wastewater and
the Methods for Chemical Analysis of Water and Waste and the latest
version of 40 CFR Part 136, Analysis of Pollutants.
