The JRSB shall have the power to impose penalties
for the violation of any section of this local law. A proceeding to
impose the appropriate penalties shall be commenced by the service
of a notice of violation either personally or by certified mail (returnable
to the JRSB) upon the alleged violator. After such service, the JRSB
may initiate any or all of the following actions to penalize the alleged
violator and ensure compliance with the local law.
A. Notice of violation. A notice of violation is used
to notify the industrial user of its pretreatment violation(s) and
to inform the user that a fine has been assessed by the JRSB. The
notice of violation shall include a provision explaining that full
payment of the fine is due to the JRSB within a specified period of
time.
B. Administrative order. An administrative order is a
formal order issued by the JRSB specifying that the industrial user
is in noncompliance and outlines actions which are required on behalf
of the industry to bring itself into compliance, including but not
limited to the payment of an administrative order.
C. Show cause hearing. A show cause hearing is either
a formal or informal meeting between the noncomplying industry and
the JRSB. One outcome of this meeting may be the assessment of an
administrative fine. In some cases a show cause hearing is granted
to provide the industry an opportunity to appeal the fine.
D. Civil litigation. Civil litigation is the formal process
of filing lawsuits against industrial users to secure court ordered
action to correct violations and to secure penalties for violations,
including the recovery of costs to the JRSB for the noncompliance.
This course of action is normally pursued when the corrective action
required is either costly and complex, the penalty to be assessed
exceeds that which the JRSB can assess administratively or when the
industrial user is considered to be recalcitrant and unwilling to
cooperate.
E. Criminal prosecution. Criminal prosecution is the
formal process of charging individuals and/or organizations with violations
of ordinance provisions that are punishable, upon conviction, by fines
and/or imprisonment. The purposes of criminal prosecution are to punish
noncompliance established through court proceedings and to deter future
noncompliance. Criminal offenses are traditionally defined as either
felonies or misdemeanors.
F. Termination of sewer service. Termination of sewer
service is the revocation of an industrial user's privilege to discharge
industrial wastewater into the JRSB's sewer system.
G. Supplemental enforcement responses. Supplemental enforcement
responses are actions which complement the more traditional enforcement
responses described in the preceding sections. The development and
application of such responses must be determined on a case-by-case
basis.
In situations where an industrial user fails
to correct a violation within 15 days of receiving a notice of violation,
the JRSB, its Executive Director or Pretreatment Coordinator shall
issue an administrative order for the correction of the violation.
In such circumstances the industrial user shall not be relieved of
any civil or criminal responsibility for unauthorized discharge(s)
which occurs during the fifteen-day interval. An administrative order
is an enforcement document which directs the industrial user to undertake
or to cease specified activities. It is not required that administrative
orders be negotiated with the industrial user. Administrative orders
are recommended as the first formal response to significant noncompliance
and may incorporate compliance schedules, administrative penalties
and termination of service. The JRSB may issue any of the following
types of orders: cease and desist orders; consent orders; show cause
orders; and compliance orders.
A. Cease and desist orders. In situations where the JRSB,
its Executive Director and/or Pretreatment Coordinator discover that
a discharge of wastewater has taken place in violation of prohibitions
or limitations of this ordinance or the provisions of a wastewater
discharge permit and such discharge threatens to endanger human health
and/or the environment or interfere with the POTW, then either the
JRSB, its Executive Director or the Pretreatment Coordinator may issue
an order to cease and desist such violation against the violator.
In addition, the persons not complying with such prohibitions, limits,
requirements or provisions may be directed to comply forthwith with
this local law and/or a wastewater discharge permit. Such compliance
may be in accordance with a time schedule as set forth by the JRSB,
its Executive Director or Pretreatment Coordinator; in the alternative
the JRSB, its Executive Director or Pretreatment Coordinator may take
the appropriate remedial or preventive action to avoid a potential
or threatened violation. The cease and desist order directs the noncompliant
user to immediately cease illegal or unauthorized discharges or to
terminate its discharge altogether where the discharge could cause
interference or pass-through or otherwise create an emergency situation.
In nonemergency situations, the cease and desist order may be used
to suspend or permanently revoke industrial wastewater discharge permits.
If the user fails to comply with the order, the JRSB may take independent
action to halt the discharge. Such independent action shall include,
but is not limited to, terminating water service and/or blocking the
user's connection point.
B. Consent orders.
(1) The consent order is an agreement between the JRSB
and the industrial user normally containing four elements:
(b)
Stipulated fines or remedial actions.
(c)
The statement that "none of the foregoing agreements,
statements, stipulations and actions taken by the industrial user"
shall be deemed an admission by the user of the allegations contained
within the notice of violation referred to herein. The agreements,
statements, stipulations, findings and actions taken herein are made
for the purpose of settling this matter economically and amicably
and they shall not be used for any purpose, except for any proceedings
to enforce the provisions of this consent order.
(d)
Signatures of JRSB and industry representatives.
(2) A consent order is appropriate when the user assumes
responsibility for its noncompliance and is willing, through a show
of good faith, to correct the cause of the noncompliance.
C. Show cause orders. A show cause order directs the
user to appear before the JRSB, explain its noncompliance and show
cause why more severe enforcement action against the user should not
go forward. The show cause order is typically issued after informal
contacts and notice of violation has failed to resolve the noncompliance.
However, the JRSB may also utilize the show cause order/hearing to
investigate violations of previous orders. The show cause hearing
can be conducted by the JRSB, the Attorney for the Board, the Executive
Director, the Pretreatment Coordinator or an impartial official designated
by the JRSB. It is within the sole discretion of the JRSB whether
the show cause hearing is to be formal or informal and whether it
will be open to the public. The purpose of the hearing is to enable
the JRSB to gather information, hear testimony and interview witnesses
regarding whether the industrial user caused or allowed an unauthorized
discharge into the system. At said hearing the industrial user has
the right to admit or deny the noncompliance, explain mitigating circumstances,
demonstrate its eventual compliance and describe all other corrective
measures. Prior to a hearing's being conducted, the JRSB, its Executive
Director or Pretreatment Coordinator shall serve a notice on the industrial
user specifying the time and place for the meeting, the proposed enforcement
action, the reasons for such action and a request that the industrial
user show cause why this 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 prior to the hearing. Such notice may be served on any principal
executive, general partner or corporate officer. Whether or not a
duly notified industrial user appears as noticed, immediate enforcement
action may be pursued. The hearing officer(s) shall review all of
the evidence and determine what further action, if any, shall be taken.
In the event of an impasse between the industrial user and the hearing
officer(s), the JRSB may, subsequent to the hearing, issue a compliance
order, including a schedule, impose a fine or refer the case to its
attorney for civil litigation or criminal prosecution.
D. Compliance order. When the JRSB, its Executive Director
or Pretreatment Coordinator finds that an industrial user has violated
or continues to violate the local law or a permit or order issued
thereunder, he (it) may issue an order to the industrial user responsible
for the discharge directing that, following a specified time period,
sewer service shall be disconnected unless adequate treatment facilities,
devices or other related appurtenances have been installed and are
properly operating. 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. (See forms at end of local
law.)
Notwithstanding any other section of this local
law, any industrial user who is found to have violated any provision
of this local law or permits and orders issued hereunder shall be
fined in an amount not to exceed $5,000 per violation. Each day on
which noncompliance shall occur or continue shall be deemed a separate
and distinct violation. Such assessments may be added to the industrial
user's next scheduled sewer service charge, and the JRSB, its Executive
Director or Pretreatment Coordinator shall have such other collection
remedies as he has to collect other service charges. Unpaid charges,
fines and penalties shall constitute a lien against the individual
user's property. Industrial users desiring to dispute such fines must
file a request for the JRSB, its Executive Director or Pretreatment
Coordinator to reconsider the fine within 10 days of being notified
of the fine. Where the JRSB, its Executive Director or Pretreatment
Coordinator believes a request has merit, he shall convene a hearing
on the matter within 15 days of receiving the request from the industrial
user.
If any person discharges sewage, industrial
wastes or other wastes into the wastewater disposal system contrary
to the provisions of this local law or any order or permit issued
hereunder, the JRSB, its Executive Director or Pretreatment Coordinator,
through the attorney for the JRSB, may commence an action for appropriate
legal and/or equitable relief in the Supreme Court for the State of
New York, Rockland County.
Whenever an industrial user has violated or
continues to violate the provisions of this local law or permit or
order issued hereunder, the JRSB, its Executive Director or Pretreatment
Coordinator, through the attorney for the JRSB, may petition a court
of competent jurisdiction for the issuance of a preliminary or permanent
injunction, or both (as may be appropriate), which restrains the activities
or compels certain activities on the part of the industrial user.
The JRSB, its Executive Director or Pretreatment Coordinator shall
have such remedies to collect these fees as it has to collect other
sewer service charges.