City of Saratoga Springs, NY Article IC Enforcement and Penalties

[Added 7-3-2001 by L.L. No. 4-2001]

§ 231-46.22 Penalties for offenses.

A. A violation of the provisions of Articles I to IB inclusive of these rules and regulations is an offense and each such violation may be punished by a fine of not exceeding $100. In lieu of or in addition to such fine, each such violation shall be subject to a civil penalty not exceeding $1,000 for any one case, to be recovered in an action or proceeding brought by either the Saratoga Springs City Attorney or Saratoga County Attorney in the name of the City in a court of competent jurisdiction. Each day of a continuing violation shall be subject to a separate such fine or civil penalty.

B. The Saratoga Springs City Attorney or Saratoga County Attorney may maintain an action or proceeding in the name of the City in a court of competent jurisdiction to compel compliance with these rules and regulations, notwithstanding the provisions of Subsection A hereof for a penalty or other punishment.

C. Where any violation of these rules and regulations causes expense to either the City or county, such violation may also be punished by a civil suit against the violator, brought by either the Saratoga Springs City Attorney or the Saratoga County Attorney on behalf of the City in the name of the City or by the Saratoga County Attorney on behalf of the county in a court or competent jurisdiction, to recover such additional cost.

§ 231-46.23 Suspension of service.

A. The Department of Public Works or its duly authorized agent may suspend the wastewater treatment service and/or an industrial wastewater permit when such suspension is necessary, in the opinion of the Department of Public Works or its duly authorized agent in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, causes interference to the County Sewer District's POTW or causes the County Sewer District to violate any condition of its SPDES Permit.

B. Any user notified of a suspension of the wastewater treatment service and/or the industrial wastewater permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the Department of Public Works or its duly authorized agent shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the County Sewer District's POTW system or endangerment to any individuals. The Department of Public Works or its duly authorized agent shall reinstate the industrial wastewater permit and/or the wastewater treatment service upon proof of the elimination of the noncomplying discharge. A detailed written statement submitted by the user describing the causes of the harmful contribution and the measures taken to prevent any future occurrence shall be submitted to the Department of Public Works or its duly authorized agent within 15 days of the date of occurrence.

§ 231-46.24 Revocation of permit.

Any user who violates the following conditions of this Part 1 and the Sewer Use Ordinance of the County Sewer District, or applicable state and federal regulations, is subject to having his industrial wastewater permit revoked in accordance with the procedures in this section:

A. Failure of a user to factually report the wastewater constituents and characteristics of his discharge;

B. Failure of the user to report significant changes in operations, wastewater constituents and/or characteristics;

C. Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring; or,

D. Violation of conditions of the permit.

§ 231-46.25 Notification of violation.

Whenever the Department of Public Works or its duly authorized agent finds that any user has violated or is violating this Part 1 and the Sewer Use Ordinance of the County Sewer District, wastewater permit, or any prohibition, limitation of requirements contained herein, the Department of Public Works or its duly authorized agent may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the Department of Public Works or its duly authorized agent by the user.

§ 231-46.26 Falsifying information; penalties.

Any user 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 1 or to the industrial wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required shall, upon conviction, be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both.