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.
(1)
The enforcement response plan shall:
(a)
Describe how the Superintendent will investigate
instances of noncompliance;
(b)
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; and
(c)
Adequately reflect the Village of Pulaski Board
of Trustees' responsibility to enforce all applicable standards and
requirements.
(2)
The enforcement response plan shall contain:
(a)
Criteria for scheduling periodic inspection
and/or sampling visits to POTW users;
(b)
Forms and guidelines for documenting compliance
data in a manner which will enable the information to be used as evidence;
(c)
Systems to track due dates, compliance schedule
milestones, and pending enforcement actions; and
(d)
Criteria, responsible personnel, and procedures
to select and initiate an enforcement action.
B.
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 POTW.
(5)
Effect of the violation on the health and safety
of the POTW employees.
(6)
Compliance history of the user.
(7)
Good faith of the user, and shall promote consistent
and timely use of enforcement remedies.
C.
The Village of Pulaski Board of Trustees shall approve
the enforcement response plan. The enforcement response plan stall
be reviewed at least every five years.
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ADMINISTRATIVE REMEDIES
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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 Village Board is hereby empowered to enter
into administration 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 Village Board 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 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, fees or
user charges.
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 Pulaski Board of Trustees, 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 Pulaski Board of Trustees 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 Village of Pulaski Board of Trustees 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 § 108-136 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 § 108-136.
B.
The Village of Pulaski Board of Trustees may itself
conduct the hearing, or may designate any of its members or any officer
or employee of the Village of Pulaski to conduct the hearing and may:
(1)
Issue, in the name of the Village of Pulaski
Board of Trustees, 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 Pulaski Board of Trustees for action thereon.
C.
After the Village of Pulaski Board of Trustees 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 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 POTW. Any notice, petition, or other communication
mailed to the Superintendent shall be addressed and mailed to Village
of Pulaski, Snow Memorial Building, 4917 Jefferson Street, Pulaski,
New York 13142.
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.
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JUDICIAL REMEDIES
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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 Pulaski 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 Village of Pulaski Attorney,
or his designated attorney, at the request of the Superintendent in
the name of the Village of Pulaski, in any court of competent jurisdiction
giving preference to courts local to the Village of Pulaski. In addition
to the above described penalty, the Superintendent may recover all
damages incurred by the Village of Pulaski 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 Pulaski 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 Village
of Pulaski Attorney, and where such matter has been referred to the
Village of Pulaski 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 of Pulaski 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 Village of Pulaski Attorney, at the request of the
Superintendent, in the name of the Village of Pulaski, in any court
of competent jurisdiction giving precedence to courts local to the
Village of Pulaski.
C.
The Village of Pulaski 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 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 Pulaski, 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 Village of Pulaski 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.
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MISCELLANEOUS
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A.
If there shall be any payments which are due to the
Village of Pulaski, 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 Village of Pulaski, 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 October 1 of any year, the Superintendent
shall report the names of the defaulting persons to the Village of
Pulaski Board of Trustees, the Village of Pulaski Clerk-Treasurer,
the Tax Assessor for the Town of Richland, and the Village of Pulaski
Mayor on or before October 1 of the same year. The Tax Assessor for
the Town of Richland 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 Village of Pulaski in
the next succeeding year, and the Tax Assessor for the Town of Richland
is directed to collect the same in the same manner as real property
taxes due and owing to the Village of Pulaski are collected. [1]
C.
Where charges are delinquent and the violator is not
a resident of the Village of Pulaski, or is located outside the geographical
boundaries of the Village of Pulaski, or in such instance where no
real property taxes are due and owing to the Village of Pulaski, then
the Village of Pulaski 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 chapter, 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 payable to the POTW sufficient to restore or repair POTW
damage caused by its discharge.
The Superintendent, subject to approval of the
Village Board, 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, subject to approval of
the Village Board, 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 daily newspaper with the largest circulation in the Village
of Pulaski, 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.
Users 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 Village of Pulaski.
B.
Existing contracts for the sale of goods or services
to the Village of Pulaski held by a user found to be in significant
violation with pretreatment standards may be terminated at the discretion
of the Village of Pulaski Board of Trustees.
