The Village may suspend the wastewater treatment
service and/or a wastewater contribution permit when such suspension
is necessary, in the opinion of the Village, in order to stop an actual
or threatened discharge which presents or may present an imminent
or substantial endangerment to the health or welfare of persons or
to the environment, causes interference to the POTW treatment plant
or causes the Village to violate any condition of its SPDES permit.
A forty-eight-hour period shall pass before a suspension or restriction
is effective unless an emergency situation arises relating to public
health and safety or a significant impairment of the treatment process.
Any person notified of a suspension of the wastewater
treatment service and/or the wastewater contribution permit shall
immediately stop or eliminate the contribution. In the event of a
failure of the person to comply voluntarily with the suspension order,
the Village shall take such steps as deemed necessary, including immediate
severance of the sewer connection, to prevent or minimize damage to
the POTW treatment plant system or endangerment to any individuals.
The Village shall reinstate the wastewater contribution permit and/or
the wastewater treatment service upon proof of the elimination of
the noncomplying discharge. A detailed written statement submitted
by the significant industrial user describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence
shall be submitted to the Village within 15 days of the date of the
occurrence.
If any person discharges sewage, industrial
wastes or other wastes into the Village's POTW contrary to the provisions
of this Sewer Code, federal or state pretreatment requirements or
any order of the Village, the Village's legal counsel may commence
an action for appropriate legal and/or equitable relief in the Supreme
Court of the State of New York or other court of competent jurisdiction
of the matter in question.
The Village may order any significant industrial
user who causes or allows an unauthorized discharge to enter the POTW
to show cause before the Board of Trustees why the proposed enforcement
action should not be taken. A notice shall be served on the significant
industrial user specifying the time and place of a hearing to be held
by the Board of Trustees regarding the violation, the reasons why
the action is to be taken, the proposed enforcement action and directing
the significant industrial user to show cause before the Board of
Trustees why the proposed enforcement action should not be taken.
The notice of the hearing shall be served personally or by registered
or certified mail (return receipt requested) at least 10 days before
the hearing. Service may be made on any agent or officer of the corporation.
The Board of Trustees may itself conduct the
hearing and take the evidence or may designate any of its members
of any officer or employee of the Village to:
A. Issue in the name of the 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.
C. Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the
Board of Trustees for action thereon.
At any hearing held pursuant to this Sewer Code,
testimony taken must be under oath and recorded stenographically.
The transcript, so recorded, will be made available to any member
of the public or any party to the hearing upon payment of the usual
charges thereof.
After the Board of Trustees has reviewed the
evidence, it may issue an order to the significant industrial user
responsible for the discharge directing that, following a specified
time period, the sewer service be discontinued unless adequate treatment
facilities, devices or other related appurtenances shall have been
installed on existing treatment facilities and that these devices
or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued.