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 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 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 or state and 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 Village of Carthage 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 Village of Carthage 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 Village of Carthage 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 § 110-128 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. The notice of the hearing shall be served at least 10 calendar days before the hearing, in accordance with § 110-128.
B.
The Village of Carthage Board may itself conduct the
hearing or may designate any of its members or any officer or employee
of the Village of Carthage to conduct the hearing and to:
(1)
Issue, in the name of the Village of Carthage
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 Village of Carthage Board for action thereon.
C.
After the Village of Carthage 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 notification
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 Carthage's POTW. Any notice,
petition or other communication mailed to the Superintendent shall
be addressed and mailed to the Village Hall of the Village of Carthage.
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 this article, and the Superintendent may hold one show-cause hearing
combining more than one enforcement action.
