A.
The Engineer for the Town, in consultation with NYCDEP, shall prepare
an enforcement response plan. The enforcement response plan, in a
step-by-step fashion, shall outline the procedures to be followed
to identify, document, and respond to violations by users of the Grahamsville
WWTP's sewer system. All violations by users of the sewer system
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 Inspector will investigate instances of noncompliance,
including, but not limited to, an investigation plan geared to alleviate
inflow problems, into the sewer system.
(2)
Describe the types of escalated enforcement actions that the
Inspector 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 Town Board's responsibility to enforce
all applicable standards and requirements.
C.
The enforcement response plan shall contain:
(1)
Criteria for scheduling periodic inspection or sampling visits
to users of the sewer system;
(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; and
(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:
(1)
Magnitude of the violation;
(2)
Duration of the violation;
(3)
Effect of the violation on the receiving water;
(4)
Effect of the violation on the Grahamsville WWTP;
(5)
Effect of the violation on the health and safety of the Grahamsville
WWTP employees;
(6)
Compliance history of the user;
(7)
Good faith of the user.
|
and shall promote consistent and timely use of enforcement remedies.
|
E.
The Town Board shall approve the enforcement response plan. The enforcement
response plan shall be reviewed by the Town Engineer at least every
five years. If revisions are warranted, they shall be reviewed and
approved by the Town Board. NYCDEP shall have the right to review
and approve the enforcement response plan. In the event the Town acknowledges
that there is a lack of local enforcement, the Town Board shall be
authorized to designate an agent from NYCDEP to act on the Inspector's
behalf with respect to enforcing specific violations of this chapter.
|
ADMINISTRATIVE REMEDIES
|
Whenever the Building Inspector, based on his/her own information
or information obtained from NYCDEP, 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 Building Inspector may serve upon such person a written notice
stating the nature of the violation. Within 10 calendar days of the
date the Building Inspector mails the notice, an explanation of the
violation and a plan for the satisfactory correction and prevention
thereof shall be submitted to the Building Inspector 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 Building Inspector, based on his/her own information or
information obtained from NYCDEP, 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 Building Inspector, based on his/her own information or
information obtained from NYCDEP, finds that a user has violated or
continues to violate this chapter or a permit or administrative order
issued thereunder, he 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 that there is no reoccurrence
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.
B.
The user may, within 15 calendar days of receipt of such order, petition
the Building Inspector to modify or suspend the order. Such petition
shall be in written form and shall be transmitted to the Building
Inspector by registered mail. The Building Inspector shall then:
A.
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. 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 the Building
Inspector's notice of such fine, petition the Building Inspector
to modify or suspend the order. Such petition shall be in written
form and shall be transmitted to the Building Inspector by registered
mail. The Building Inspector shall then:
A.
When the Building Inspector, based on his/her own information or
information obtained from NYCDEP, finds that a user has violated or
continues to violate this chapter or any permit or administrative
order issued hereunder, the Building Inspector may issue an administrative
order to cease and desist all such violations and direct those persons
in noncompliance to:
B.
The user may, within 15 calendar days of the date the Building Inspector
mails notification of such order, petition the Building Inspector
to modify or suspend the order. Such petition shall be in written
form and shall be transmitted to the Building Inspector by registered
mail. The Building Inspector shall then:
A.
Any user who violates the following conditions of this chapter, or
a wastewater discharge permit or administrative order, or any applicable
state and federal law, is subject to permit termination:
(1)
Violation of permit conditions or conditions of an administrative
order;
(2)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3)
Failure to report significant changes in operations or wastewater
constituents and characteristics;
(4)
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring, or sampling; or
(5)
Failure to pay administrative fines or fees.
B.
Noncompliant industrial users will be notified by registered mail
of the proposed termination of their wastewater permit.
C.
The user may, within 15 calendar days of the date the Building Inspector
mails such notification, petition the Building Inspector to permit
continued use of the Grahamsville WWTP by the user. Such petition
shall be in written form and shall be transmitted to the Building
Inspector by registered mail. The Building Inspector shall then:
A.
The Building Inspector may order any user appealing administrative remedies for violations of this chapter to show cause, before the Town Board, why an enforcement action, initiated by the Building Inspector, 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 Town Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Town Board 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 in accordance with § 36-1210 of this article. Copies of such notice shall be provided to the property owner, and where the alleged violation has been issued to a user of the Grahamsville WWTP sewer system, to NYCDEP. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment. The notice of the hearing shall be served at least 10 calendar days before the hearing, in accordance with § 36-1210.
B.
The Town Board may itself conduct the hearing, or may designate any
of its members or any officer or employee of the Town to conduct the
hearing who may then:
(1)
Issue, in the name of the Town 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)
Take sworn testimony;
(4)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Town Board
for action thereon.
C.
After the Town Board has reviewed the evidence and testimony, it
may order the user to comply with the Building Inspector's order
or fine, modify the Building Inspector's order or fine, or vacate
the Building Inspector's order or fine.
In the event the Building Inspector 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 Building Inspector, 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 Building Inspector 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 a user of the Grahamsville WWTP sewer system pursuant to
the sections of this chapter shall be mailed to the user where the
user's effluent is discharged into the Grahamsville WWTP's
sewer system and a copy of any of the above-noted notices, orders,
or petitions shall also be sent to NYCDEP. Any notice, petition, or
other communication mailed to the Building Inspector shall be mailed
to Town of Neversink Building Inspector, 273 Main Street, PO Box 307,
Grahamsville, New York 12740, unless this address is otherwise changed.
The Building Inspector may utilize more than one administrative
remedy established pursuant to this article, and he/she may hold one
show-cause hearing combining more than one enforcement action. The
Building Inspector shall consult with NYCDEP to arrive at an appropriate
administrative remedy for violations of the provisions of this chapter
involving discharges to the Grahamsville WWTP sewer system.
|
JUDICIAL REMEDIES
|
A.
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 Building Inspector promulgated under this
chapter, or the terms of any permit issued hereunder, shall be liable
to the Town of Neversink or 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 article. Each violation shall be separate and distinct,
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, or his
designated attorney, at the request of the Building Inspector in the
name of the Town, in any court of competent jurisdiction giving preference
to courts local to the Town. In addition to the above-described penalty,
the Building Inspector may recover all damages incurred by the Town
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 Building Inspector promulgated under
this chapter, or the terms of any permit issued hereunder In addition
to the above-described damages, the Building Inspector may recover
all reasonable attorneys' fees incurred by the Town in enforcing the
provisions of this article, including reasonable attorneys' fees incurred
in any action to recover penalties and damages, and the Building Inspector
may also recover court costs, and other expenses associated with the
enforcement activities.
B.
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.
C.
Such civil penalty may be released or compromised by the Building
Inspector 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 Building Inspector.
A.
In addition to the power to assess penalties as set forth in this
article, the Building Inspector shall have the power, following the
hearing held in conformance with the procedures set forth in this
article, to seek an order:
B.
Any such court order shall be sought in an action brought by the
Town Attorney, at the request of the Building Inspector, in the name
of the Town of Neversink in any court of competent jurisdiction giving
precedence to courts local to the Town.
C.
The Town Attorney, at the request of the Building Inspector, 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 administrative order of the Building Inspector
made in accordance with this article 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 $1,000, 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.
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 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.
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 Building
Inspector, through counsel may petition a court of competent jurisdiction,
in the name of the Town, 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 Building Inspector.
A.
Notwithstanding any inconsistent provisions of this chapter, whenever
the Building Inspector finds, after investigation, that any user is
causing, engaging in, or maintaining a condition or activity which,
in the judgment of the Building Inspector, 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 Grahamsville WWTP or its
sewage collection system, 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 Building Inspector 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 Building Inspector may take all appropriate action to abate
the violating condition. As promptly as possible thereafter, not to
exceed 15 calendar days, the Building Inspector shall provide the
user an opportunity to be heard, in accordance with the provisions
of this article.
B.
If the user is not within the geographic boundaries of the Town,
the right of summary abatement to discontinue, abate, or alleviate
conditions or activities shall be those prescribed in the intermunicipal
agreement.
C.
The Building Inspector, 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 to preserve the Grahamsville WWTP and sewage
collection system or the environment.
|
MISCELLANEOUS
|
A.
If there shall be any payments which are due to the Town, 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 Town, the same
shall constitute a default, and there shall be added to the entire
amount of the original bill, a penalty equal to 20% of the original
bill, and interest shall accrue on the unpaid balance, at the rate
of 2% per month, retroactive to the date of the original billing.
B.
Where charges are delinquent and the violator is not a resident of
the Town, or is located outside the geographical boundaries of the
Town, then the Town Attorney is authorized to seek recovery of charges,
including punitive damages, in a court of competent jurisdiction or
make arrangements with the appropriate county where the user is located
to add the amount of charges which shall be in default, plus penalty
and interest, as provided for in the Local Law, to the real property
taxes due to the county in the next ensuing year.
The Building Inspector is authorized to pay up to $500 for information
leading to the discovery of noncompliance by a user of the Grahamsville
WWTP sewer system. In the event that the information provided results
in an administrative fine or civil penalty levied against the user
of the Grahamsville WWTP sewer system, the Building Inspector is authorized
to disperse up to 10% of the collected fine or penalty to the informant.
However, a single reward payment may not exceed $10,000, including
the discovery reward.
The Building Inspector shall provide public notification, in
the daily newspaper with the largest circulation in the Town, 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.
