Notwithstanding other requirements of law, as
soon as any person responsible for a facility or operation, or responsible
for emergency response for a facility or operation, has information
of any known or suspected release of materials which are resulting
or may result in illegal discharges or pollutants discharging into
the MS4, said person shall immediately notify the SMO and/or the Town
of Tonawanda and take all necessary steps to ensure the discovery,
containment, and cleanup of such release. In the event of such a release
of hazardous materials said person shall immediately notify emergency
response agencies (the SMO, the Town of Tonawanda, the EPA and the
NYSDEC) of the occurrence via emergency dispatch services. In the
event of a release of nonhazardous materials, said person shall notify
the municipality in person or by telephone or facsimile no later than
the next business day. Notifications in person or by telephone shall
be confirmed by written notice addressed and mailed to the municipality
within three business days of the telephone notice. If the discharge
of prohibited materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years.
Any person receiving a notice of violation may
appeal the determination of the SMO to the Town Board within 15 days
of its issuance, which shall hear the appeal within 30 days after
the filing of the appeal, and within five days of making its decision,
file its decision in the office of the municipal clerk and mail a
copy of its decision by certified mall to the discharger. This section
does not create an automatic stay and the Town can take any emergency
corrective action.
It shall be unlawful for any person to violate
any provision or fail to comply with any of the requirements of this
Part 3. If a person has violated or continues to violate the provisions
of this Part 3, the SMO may petition for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
In addition to the enforcement processes and
penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this Part 3 is a threat to public
health, safety, and welfare, and is declared and deemed a nuisance,
and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
The remedies listed in this Part 3 are not exclusive
of any other remedies available under any applicable federal, state
or local law, and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies.