A.
The Superintendent 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 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 Superintendent will investigate
instances of noncompliance.
(2)
Describe the types of escalated enforcement
actions that the Superintendent 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 Canton Village Board'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:
(1)
The magnitude of the violation.
(2)
The duration of the violation.
(3)
The effect of the violation on the receiving
water.
(4)
The effect of the violation on the POTW.
(5)
The effect of the violation on the health and
safety of the POTW employees.
(6)
The compliance history of the user.
(7)
The good faith of the user.
E.
The range of appropriate enforcement actions above
shall also promote consistent and timely use of enforcement remedies.
F.
The Canton Village Board shall approve the enforcement
response plan. The enforcement response plan shall be reviewed at
least every five years.
Whenever the Superintendent 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 Superintendent may serve upon such person a written
notice stating the nature of the violation. Within 10 calendar days
of the date the Superintendent mails the notice, an explanation of
the violation and a plan for the satisfactory correction and prevention
thereof shall be submitted to the Superintendent 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 Superintendent 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 Superintendent 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 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 Superintendent to modify or suspend the order.
Such petition shall be in written form and shall be transmitted to
the Superintendent by registered mail. The Superintendent 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 Superintendent's notice of such fine, petition the Superintendent
to modify or suspend the order. Such petition shall be in written
form and shall be transmitted to the Superintendent by registered
mail. The Superintendent shall then:
A.
When the Superintendent finds that a user has violated
or continues to violate this chapter or any permit or administrative
order issued hereunder, the Superintendent 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 Superintendent mails notification of such order, petition the
Superintendent to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent 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 or federal law is subject to permit termination:
(1)
Violation of permit conditions.
(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.
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 Superintendent mails such notification, petition the Superintendent
to permit continued use of the POTW by the user. Such petition shall
be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent shall then:
A.
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.
B.
The user may, within 15 calendar days of severance,
petition the Superintendent to reconnect water supply service. Such
petition shall be in written form and shall be transmitted to the
Superintendent by registered mail. The Superintendent shall then:
A.
The Superintendent may order any user appealing administrative remedies for violations of this chapter to show cause, before the Canton Village Board, why an enforcement action initiated by the Superintendent 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 Canton Village Board 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 Canton Village 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 § 259-126 of this article. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment.
B.
The Canton Village Board may itself conduct the hearing
or may designate any of its members or any officer or employee of
the Village of Canton to conduct the hearing and to:
(1)
Issue, in the name of the Canton Village 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 Canton Village Board for action thereon.
C.
After the Canton Village Board has reviewed the evidence
and testimony, it may order the user to comply with the Superintendent's
order or fine, modify the Superintendent's order or fine or vacate
the Superintendent's order or fine.
In the event that the Superintendent 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.
The notices, orders, petitions or other notifications
which the user or Superintendent 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 Village of Canton's POTW. Any notice, petition
or other communication mailed to the Superintendent shall be addressed
and mailed to the Village of Canton, Municipal Building, 60 Main Street,
Canton, New York 13617.
The Superintendent shall have the right, within the Superintendent's sole discretion, to utilize any one or more appropriate administrative remedies set forth in this article. The Superintendent may utilize more than one administrative remedy established pursuant to §§ 259-117 through 259-127 of this article, and the Superintendent may hold one show cause hearing combining more than one enforcement action.
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 Superintendent promulgated under this
chapter or the terms of any permit issued hereunder shall be liable
to the Village of Canton 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 article. Each violation shall be 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 Canton Village Attorney
or his designated attorney, at the request of the Superintendent,
in the name of the Village of Canton, in any court of competent jurisdiction,
giving preference to courts local to the Village of Canton. In addition
to the above-described penalty, the Superintendent may recover all
damages incurred by the Village of Canton 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 Superintendent promulgated under this chapter
or the terms of any permit issued hereunder. In addition to the above-described
damages, the Superintendent may recover all reasonable attorney's
fees incurred by the Village of Canton in enforcing the provisions
of this article, including reasonable attorney's fees incurred in
any action to recover penalties and damages, and the Superintendent
may also recover court costs and other expenses associated with the
enforcement activities, including sampling and monitoring expenses.
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 Superintendent before the matter has been referred to the Canton
Village Attorney, and where such matter has been referred to the Canton
Village Attorney, any such penalty may be released or compromised
and any action commenced to recover the same may be settled and discontinued
by the Village Attorney, with the consent of the Superintendent.
A.
In addition to the power to assess penalties as set
forth in this article, the Superintendent 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 Canton Village Attorney, at the request of the Superintendent,
in the name of the Village of Canton, in any court of competent jurisdiction,
giving precedence to courts local to the Village of Canton.
C.
The Canton Village Attorney, at the request of the
Superintendent, shall petition the court to impose, assess and recover
such sums imposed according to this article. 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
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 Superintendent 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 Superintendent, through counsel, may petition the court, in the
name of the Village of Canton, 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.
A.
Notwithstanding any inconsistent provisions of this
chapter, whenever the Superintendent finds, after investigation, that
any user is causing, engaging in or maintaining a condition or activity
which, in the judgment of the Superintendent, 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 Superintendent 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 Superintendent may take all appropriate
action to abate the violating condition. As promptly as possible thereafter,
not to exceed 15 calendar days, the Superintendent shall provide the
user an opportunity to be heard, in accordance with the provisions
of this article.
B.
The Superintendent, 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 POTW or the environment.
A.
If there shall be any payments which are due to the
Village of Canton 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 30 calendar days from the date of billing
by the Village of Canton, the same shall constitute a default, and
there shall be added to the entire amount of the original bill a penalty
equal to 10% of the original bill.
B.
In the event that there are any sewer taxes, assessments
or other service charges which shall have been delinquent for a period
of at least 60 calendar days as of March 31 of any year, the Canton
Village Assessor is hereby directed to add the entire amount of the
sewer tax, assessment or other service charge which shall be in default,
plus penalty as provided for in this chapter, to the real property
taxes due and owing to the Village of Canton in the next succeeding
year, and the Canton Village Assessor is directed to collect the same
in the same manner as real property taxes due and owing to the Village
of Canton are collected.
C.
Where charges are delinquent and the violator is not
a resident of the Village of Canton or is located outside the geographical
boundaries of the Village of Canton, then the Canton Village 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
the sewer assessment or other charges which shall be in default, plus
penalty and interest, as provided for in the law, to the real property
taxes due to the county in the next ensuing year.
The Superintendent may decline to reissue a
permit to any user who 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 Superintendent
to be necessary to achieve consistent compliance.
The Superintendent may decline to reissue a
permit to any user who 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.
The Superintendent shall provide public notification
in the official newspaper of the Village of Canton of users who were
in significant noncompliance with local or federal pretreatment standards
or requirements since the last such notice. The frequency of such
notices shall be at least once per year.
