Town of Walworth, NY
Wayne County
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Table of Contents
Table of Contents
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 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.
D. 
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, compliance history of the user and good faith of the user and shall promote consistent and timely use of enforcement remedies.
E. 
The Town Board shall approve the enforcement response plan. The enforcement response plan provides for a consistent and timely approach to enforcement, and the Board's approval is not needed before an enforcement action is undertaken. 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 Part 2 or any wastewater discharge permit, order, prohibition, limitation or requirement permitted by this Part 2, 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 Part 2 or a permit or administrative order issued thereunder, he/she 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 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 order the petitioner to show cause in accordance with § 139-115 and may as part of the show-cause notice request the user to supply additional information.
A. 
Notwithstanding any other section of this Part 2, any user who is found to have violated any provision of this Part 2 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 the date 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 order the petitioner to show cause in accordance with § 139-115.
A. 
When the Superintendent finds that a user has violated or continues to violate this Part 2 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:
(1) 
Comply forthwith.
(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 order the petitioner to show cause in accordance with § 139-115.
A. 
Any user who violates the following conditions of this Part 2 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 order the petitioner to show cause in accordance with § 139-115.
A. 
The Superintendent shall order any user appealing administrative remedies for violations of this Part 2 to show cause, before the 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 Town 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 Town Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 days before the hearing in accordance with § 139-117.
B. 
The Town Board may itself conduct the hearing and take evidence or may designate any of its members or any officer or employee of the Town to:
(1) 
Issue, in the name of the 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.
(2) 
Take the evidence.
(3) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Town Board for action thereon.
C. 
After the Town Board has reviewed the evidence, it may order the user to comply with the Superintendent's administrative order or fine, modify the Superintendent's administrative order or fine or vacate the Superintendent's administrative 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 the 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 article shall be in writing and shall be 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 communications mailed to the user pursuant to the sections of this article shall be mailed to the user at the address where the user's effluent is discharged into transmission lines to the Town's POTW. Any notice, petition or other communication mailed to the Superintendent shall be addressed and mailed to the Town Hall of the Town.
The Superintendent shall have the right within the Superintendent's sole discretion to utilize any one or more appropriate administrative remedies set forth in the sections of 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 Part 2 or any administrative order or determination of the Superintendent promulgated under this Part 2 or the terms of any permit issued hereunder shall be liable to the Town 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 a 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 Attorney at the request of the Superintendent in the name of the Town in any court of competent jurisdiction. In addition to the above-described penalty, the Superintendent may recover all damages incurred by the Town from any persons or users who violate any of the provisions of this Part 2 or who fail to perform any duties imposed by this Part 2 or any administrative order or determination of the Superintendent promulgated under this Part 2 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 Town in enforcing the provisions of this Part 2, 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.
A. 
Any person who willfully violates any provision of this Part 2 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 person 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 Part 2 or wastewater permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part 2 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 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, is instituted.
Whenever a user has violated or continues to violate the provisions of this Part 2 or permit or order issued hereunder, the Superintendent, through counsel, may petition the court, in the name of the Town, 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 Part 2, 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, the Superintendent may take all appropriate action to abate the violation, including immediate severance and abatement of the user's sewer connection in order to prevent the user's effluent from entering into transmission lines leading to the Town's POTW. The Superintendent, as promptly as possible thereafter not exceeding 10 calendar days, shall order the user to show cause in accordance with the procedure set forth in § 139-115 why the user's right to use the transmission lines and the Town's POTW shall be discontinued and abated until the condition or activity which presents an eminent danger to the public health, safety or welfare or to the environment or is likely to result in damage to the POTW or the environment is in itself abated and discontinued and steps taken by the user to come in compliance with this Part 2, permit or administrative order which may have been issued hereunder. If the user is not within the geographic boundaries of the Town, the right of summary abatement to discontinue, abate or alleviate conditions or activities shall include the immediate right to sever the transmission line at the Town's geographical boundaries where such transmission line enters the Town in order to protect the public interest.
[Amended 9-1-1994 by L.L. No. 1-1994]
B. 
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 or her duties to protect the public health, safety or welfare or to preserve the POTW.
A. 
If there shall be any payments which are due to the Town or any department thereof pursuant to this Part 2 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, the same shall constitute a default, and there shall be added to the entire amount of the original bill a penalty equal to 10% of the original bill.
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 31 of any year, the Superintendent shall report the names of the defaulting persons to the Town Supervisor, the Town Clerk and the Assessor on or before October 31 of the same year. The Town 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 Part 2, to the real property taxes due and owing to the Town in the next succeeding year, and the Town Assessor is directed to collect the same in the same manner as real property taxes due and owing to the Town are collected.
C. 
Where charges are delinquent and the violator is not a resident of the Town, or is located outside the geographical boundaries of the Town, then the Town Attorney is authorized to seek recovery of charges 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 tax assessment or other sewer charges which shall be in default, plus penalty and interest, as provided for in this Part 2, 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 Part 2 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 Part 2 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.