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 Ontario Town 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. The range of appropriate
enforcement actions shall be based on the nature and severity of the
violation and other relevant factors such as: magnitude of the violation,
duration of the violation, effect of the violation on the receiving
water, effect of the violation on the POTW, effect of the violation
on the health and safety of the POTW employees, compliance history
of the user, good faith of the user and shall promote consistent and
timely use of enforcement remedies.
D. The Ontario Town 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 that there is no reoccurrence
of the violation.
B. 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.
C. 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:
(1) Reject any frivolous petitions;
(2) Modify or suspend the order; or
(3) Order the petitioner to show cause in accordance with Article
XI, §
114-88, and may, as part of the show-cause notice, request the user to supply additional information.
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 more than $250 for the first offense
and not more than $300 for each subsequent offense. 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:
(1) Reject any frivolous petitions;
(2) Modify or suspend the fine; or
(3) Order the petitioner to show cause in accordance with Article
XI, §
114-88, and may, as part of the show-cause notice, request the user to supply additional information.
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:
(2) Take such appropriate remedial or preventive action
as may be needed to properly address a continuing or threatened violation,
including halting operations or terminating the discharge.
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:
(1) Reject any frivolous petitions;
(2) Modify or suspend the order; or
(3) Order the petitioner to show cause in accordance with Article
XI, §
114-88, and may, as part of the show-cause notice, request the user to supply additional information.
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:
(1) Reject any frivolous petitions.
(2) Order the petitioner to show cause in accordance with Article
XI, §
114-88, and may, as part of the show-cause notice request the user to supply additional information.
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:
(1) Reject any frivolous petitions;
(2) Reconnect the water supply; or
(3) Order the petitioner to show cause in accordance with Article
XI, §
114-88, and may, as part of the show-cause notice, request the user to supply additional information.
A. The Superintendent may order any user appealing administrative remedies for violations of this chapter to show cause, before the Ontario Town 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 Ontario 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 Ontario 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 §
114-90 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 Ontario Town Board may itself conduct the hearing
or may designate any of its members or any officer or employee of
the Town of Ontario to conduct the hearing. The conductor of the hearing
shall:
(1) Issue, in the name of the Ontario 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.
(4) Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the
Ontario Town Board for action thereon.
C. After the Ontario Town 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 Town of Ontario's POTW. Any notice, petition
or other communication mailed to the Superintendent shall be addressed
and mailed to the Ontario Town Hall.
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.
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 Town of Ontario 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.
B. 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 Town of Ontario attorney,
or his designated attorney, at the request of the Superintendent in
the name of the Town of Ontario, in any court of competent jurisdiction
giving preference to courts local to the Town of Ontario.
C. In addition to the above-described penalty, the Superintendent
may recover all damages incurred by the Town of Ontario 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.
D. In addition to the above-described damages, the Superintendent
may recover all reasonable attorney's fees incurred by the Town of
Ontario 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.
E. 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.
F. Such civil penalty may be released or compromised
by the Superintendent before the matter has been referred to the Ontario
Town Attorney, and where such matter has been referred to the Ontario
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 Ontario Town 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:
(1) Suspending, revoking or modifying the violator's wastewater
discharge permit; or
(2) Enjoining the violator from continuing the violation.
B. Any such court order shall be sought in an action
brought by the Ontario Town Attorney, at the request of the Superintendent,
in the name of the Town of Ontario, in any court of competent jurisdiction
giving precedence to courts local to the Town of Ontario.
C. The Ontario Town 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 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 in an amount not more than
$250 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 Town of Ontario, 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. If the user is not within the geographic boundaries
of the Town of Ontario, the right of summary abatement to discontinue,
abate or alleviate conditions or activities shall be those prescribed
in the intermunicipal agreement.
C. 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
Town of Ontario 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 of Ontario, 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. 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 December 15 of any year, the Superintendent
shall report the names of the defaulting persons to the Ontario Town
Supervisor, the Ontario Town Clerk, the Ontario Sole Assessor and
the Ontario Town Bookkeeper on or before December 15 of the same year.
The Ontario Sole 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 and interest, as provided for in this chapter,
to the real property taxes due and owing to the Town of Ontario in
the next succeeding year, and the Ontario Sole Assessor is directed
to collect the same in the same manner as real property taxes due
and owing to the Town of Ontario are collected.
C. Where charges are delinquent and the violator is not
a resident of the Town of Ontario or is located outside the geographical
boundaries of the Town of Ontario, then the Town of Ontario 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 which 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 which 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 is authorized to pay up to
$500 for information leading to the discovery of noncompliance by
a user. In the event that the information provided results in an administrative
fine or civil penalty levied against the user, the Superintendent
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 Superintendent shall provide public notification,
in the designated official newspaper of the Town of Ontario, 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.
A. Uers which have not achieved consistent compliance
with applicable pretreatment standards and requirements are not eligible
to receive a contractual award for the sale of goods or services to
the Town of Ontario.
B. Existing contracts for the sale of goods or services
to the Town of Ontario held by a user found to be in significant violation
with pretreatment standards may be terminated at the discretion of
the Ontario Town Board.