A.
Any person who violates any of the provisions of or who fails to perform any duty imposed by this Part 2 or any order or determination of the Coordinator promulgated under this Part 2 or the terms of any permit issued thereunder shall be liable to the Town for a civil penalty not to exceed $1,000 for each such violation, to be assessed after a hearing held in conformance with the procedures set forth in Article X of this chapter. Each violation shall be a separate and distinct violation and, in the case of a 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 Town Attorney at the request of the Coordinator in the name of the Town in any court of competent jurisdiction. Such civil penalty may be released or compromised by the Coordinator before the matter has been referred to the Town Attorney, and where such matter has been referred to the Town Attorney, any such penalty may be released or compromised, and any action commenced to recover the same may be settled and discontinued by the Town Attorney with the consent of the Coordinator.
B.
In addition to the power to assess penalties as set forth in Subsection A above, the Coordinator shall have the power, following a hearing held in conformance with the procedures set forth in Article X of this chapter, to issue an order suspending, revoking or modifying the violator's permit and enjoining the violator from continuing the violation. Any such order of the Coordinator shall be enforceable in an action brought by the Town Attorney at the request of the Coordinator in the name of the Department in any court of competent jurisdiction.
C.
Any civil penalty or order issued by the Coordinator pursuant to this section shall be reviewable in a proceeding pursuant to Article 78 of the New York State Civil Practice Law and Rules (CPLR), if commenced within 60 days after service in person or by mail of a copy of the determination or order upon the Attorney of Record of the applicant and of each person who has filed a notice of appearance, or the applicant in person if not directly represented by an attorney. When the Town finds that a user has violated, or continues to violate, any provision of this Part 2, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Town may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time.
D.
In addition to the powers set forth in Subsections A, B and C above, the Coordinator shall have the power to issue administrative orders, including but not limited to cease and desist orders, consent orders, show cause orders and compliance orders. The Coordinator shall also have the power to levy administrative fines and have the power to enter into consent decrees with any party, subject to the approval of the Town Attorney.
A.
Any person who willfully violates any provision of this Part 2 or any final determination or order of the Coordinator made in accordance with Article X of this chapter shall, in addition, be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500 nor more than $1,000. 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.
B.
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 Part
2, or industrial wastewater discharge permit, or who falsifies, tampers
with or knowingly renders inaccurate any monitoring device or method
required under this Part 2 shall, upon conviction, be punished by
a fine of not less than $500 nor more than $1,000. 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.
C.
No prosecution under this section shall be instituted until after final disposition of an appeal or review if any, provided by § 230-80C.
D.
No unauthorized person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the sewage works. Any
person violating this provision shall be subject to immediate arrest
under charge of disorderly conduct and shall be subject to recovery
of costs for damages.
Any person violating any of the provisions of this Part 2 shall,
in addition, be civilly liable to the Town for any expense, loss or
damage occasioned to the Town by reason of such violation. The Town
may recover fines and penalties imposed by any regulatory agency on
the Town that can be reasonably attributed to the user discharges
of any person to the wastewater collection or treatment system. The
Town may also recover from any responsible party any reasonable attorneys'
fees, court costs, other expenses associated with enforcement activities,
including sampling and monitoring expenses, and the cost of any damages
incurred by the Town.
The Town Attorney, on his or her own initiative or at the request
of the Coordinator, shall have the right to seek equitable relief
in the name of the Town to restrain the violation of, or to compel
compliance with, this Part 2 or any order or determination issued
thereunder by the Coordinator.
A.
Notwithstanding any inconsistent provisions of law, whenever the Coordinator finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in his judgment, presents an imminent danger to the public health, safety or welfare or to the environment or is likely to result in irreversible or irreparable damage to the public sewer system 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 Coordinator may, without prior hearing, order such user, by notice, in writing, wherever practicable or in such other form as in the Coordinator's judgment will reasonably notify such person whose practices are intended to be proscribed, to 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 Coordinator may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 days, the Coordinator shall provide the user an opportunity to be heard in accordance with the provisions of Article X of this chapter.
B.
The Coordinator, acting upon the belief that an emergency exists,
shall be indemnified against any personal liability that may arise
in the performance of his duties to protect the public health, safety
or welfare or preserve the public sewer system.
A.
A user shall have an affirmative defense in any action brought against it alleging a violation of the general prohibitions at § 230-32 and the specific prohibitions in § 230-32B(2), (3)(b) and (c), (5), and (9) where the user can demonstrate that:
(1)
It did not know or have reason to know that its discharge, alone
or in conjunction with a discharge or discharges from other sources,
would cause pass-through or interference; and
(2)
A local limit designed to prevent pass-through and/or interference,
as the case may be, was developed for each pollutant in the user's
discharge that caused pass-through or interference, and the user was
in compliance with each such local limit directly prior to and during
the pass-through or interference; or if a local limit designed to
prevent pass-through and/or interference, as the case may be, has
not been developed for the pollutant(s) that caused the pass-through
or interference, the user's discharge directly prior to and during
the pass-through or interference did not change substantially in nature
or constituents from the user's prior discharge activity when
the POTW was regularly in compliance with the POTW's NPDES permit
requirements and, in the case of interference, applicable requirements
for sewage sludge use or disposal.
B.
When the Town determines that a user(s) is contributing to the POTW any of the substances set forth at § 230-37 in such amounts as to interfere with the operation of the POTW, the Town shall advise the user(s) of the impact of the contribution on the POTW pursuant to procedures in § 230-77 et seq. of this Part 2.
The Town may decline to issue or reissue a wastewater discharge
permit to any user who has failed to comply with any provision of
this Part 2, a previous wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, unless
such user first files a satisfactory bond, payable to the Town, in
a sum not to exceed a value determined by the Town to be necessary
to achieve consistent compliance.
The Town may decline to issue or reissue a wastewater discharge
permit to any user who has failed to comply with any provision of
this Part 2, a previous wastewater discharge permit, or order issued
hereunder, or any other pretreatment standard or requirement, unless
the user first submits proof that it has obtained financial assurances
sufficient to restore or repair damage to the POTW caused by its discharge.
Whenever a user has violated or continues to violate any provision of this Part 2, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. Such severance of any water service shall not be carried out except in the manner and upon the notice as is required of a waterworks corporation pursuant to Subdivisions 3-a, 3-b and 3-c of § 89-b and § 116 of the Public Service Law.
A violation of any provision of this Part 2, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Town. Any person(s) creating a public nuisance shall be subject to the provisions of § 230-80 et seq. governing such nuisances, including reimbursing the Town for any costs incurred in removing, abating, or remedying said nuisance.
The Town shall publish annually, in the largest daily newspaper
published in the municipality where the POTW is located, a list of
the users which, during the previous 12 months, were in significant
noncompliance with applicable pretreatment standard or requirement.
The term "significant noncompliance" shall mean:
A.
Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater measurements taken during
a six-month period exceed (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits;
B.
Technical review criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equal or exceed the product of
the numeric pretreatment standard or requirement, including instantaneous
limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats,
oils and grease, and 1.2 for all other pollutants except pH);
C.
Any other discharge violation that the Town believes has caused,
alone or in combination with other discharges, interference or pass-through,
including endangering the health of POTW personnel or the general
public;
D.
Any discharge of pollutants that has caused imminent danger to the
public or to the environment or has resulted in the Town's exercise
of emergency authority to halt or prevent such a discharge;
E.
Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
F.
Failure to provide, within 30 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G.
Failure to accurately report noncompliance; or
H.
Any other violation(s), including a violation of best management
practices, which the Town determines will adversely affect the operation
or implementation of the local pretreatment program.
If any provision of this Part 2 is invalidated by any court
of competent jurisdiction, the remaining provisions shall not be effected
and shall continue in full force and effect.
