A. 
The Director shall prepare an enforcement response plan in accordance with the Code of Federal Regulations Part 403. 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 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; effect of the violation on the health and safety of County employees; compliance history of the User; and good faith of the User. Determinations on the range of actions shall promote consistent and timely use of enforcement remedies.
C. 
The enforcement response plan shall be reviewed by the Director at least every five years. The remedies provided for in this Part 2 are not exclusive. The Director may take any, all, or any combination of these actions against a noncompliant User. Enforcement of pretreatment violations will generally be in accordance with the enforcement response plan. However, the Director may take other actions against any User when the circumstances warrant. Further, the Director is empowered to take more than one enforcement action against any noncompliant User.
Whenever the Director finds that any User has violated or is violating this Part 2, or any Permit, order, limitation or requirement of this Part 2, the Director shall take appropriate action and may serve upon such User a notice of violation stating the nature of the violation. The Director shall define a response time of up to 10 business days for a written response defining the actions taken to eliminate the violation, for violations that do not cause a Slug Discharge, Wastewater Treatment Plant upset or bypass. The User may request additional time to investigate and correct the cause of the violation. The request must be accompanied by a corrective action plan and be subsequently approved by the Director. The corrective action plan shall include specific actions and time frames to complete such actions. Submission of this plan in no way relieves the User of liability for any violation caused by the User before or after receipt of the notice of violation.
The Director is hereby empowered to enter into a consent order, assurances of voluntary compliance or other similar documents establishing an agreement with the User responsible for noncompliance. Such orders or agreements shall include specific action to be taken by the User to correct the noncompliance within a time period that shall also be specified within the order or agreement. Consent orders shall have the same force and effect as an administrative order. The Director and User may enter into a consent order before or following a notice of violation.
When the Director finds that a User has violated or continues to violate this Part 2, a Permit, administrative order or consent order issued thereunder, the Director 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 there is no reoccurrence of the violation. An administrative order 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, specific Best Management Practices and changes to existing management practices as may be necessary.
Subsequent to determinations as established at a hearing in the context of § 343-64, the Director and County Sewer Districts shall either prevent the discharge of unacceptable water and wastes or issue a Permit properly conditioned upon findings and the Standards of safety prescribed by this Part 2. This Part 2 shall include surcharges, Pretreatment Requirements, control over quantities or rates of discharge, time of discharge and holding facilities, and any measure or combination of measures which are necessary to preserve the POTW, the County Storm Drainage System, and the health, safety and well-being of employees, the community and the Receiving Waters.
In the event of any discharge which, in the opinion of the Director, will cause serious, imminent harm or injury or adversely affect the POTW, any Person or the Receiving Waters, the Director shall take any action necessary to protect the public health, safety or welfare without a prior hearing or order of the Administrative Board. A timely review of any emergency action by an Administrative Board hearing shall be accomplished to determine what, if any, permanent action shall be deemed necessary. The Director, or employees under his or her supervision, acting upon the belief that an emergency exists, shall be indemnified and held harmless against any personal liability which may arise in the performance of their duties to protect the public health, safety, welfare or property of the County.
A. 
POTW.
(1) 
A violation of the provision of Articles IV through VIII of this Part 2 shall be subject to a penalty not to exceed $25,000 for any one case, and an additional penalty not to exceed $25,000 for each day of a continuing violation after a final decision and order has been entered with notice to the party adversely affected by the decision to impose the penalty. The exact amount of penalty in each case shall be determined by the County Executive or his or her designee.
(2) 
In addition to penalties and fines, the Director may recover maintenance or operational costs incurred due to negligent or accidental actions by a User, including but not limited to: blockages caused by FOG, solids, fuel oil spills and toxic release. These fees and charges shall be billed as per the Rules and Regulations.
(3) 
All penalties, fines, fees and other charges shall become part of the District charges and shall be collected as a charge in accordance with the New York State County Law Article 5-A and any other applicable laws.
(4) 
The County Executive shall report Industrial Waste discharges consistently failing to achieve County, State or federal pollution Standards to the appropriate State and federal agencies. The Director shall assist appropriate State and federal agencies, as necessary, in their review or action upon such reports.
(5) 
Proceedings under this Part 2 do not preclude enforcement of any local laws, criminal statutes or laws of the State of New York by either the County or the State.
B. 
County Storm Drainage System. In addition to, or as an alternative to any penalty provided herein, any violation of Article VIII is punishable by a fine not to exceed $350 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense. A second violation of this article committed within a period of five years is punishable by a fine of not less than $350 nor more than $700, or imprisonment for a period not to exceed 30 days, or both. A third or subsequent violation of this article within a period of five years is punishable by a fine of not less than $700 nor more than $1,000, or imprisonment for a period not to exceed 30 days, or both. Each day's continued violation shall constitute a separate additional violation.
In lieu of enforcement proceedings, penalties and remedies authorized by this article, the Director may impose alternative compensatory actions upon a violator. These alternative compensatory actions may consist of but are not limited to activities such as sponsoring an environmental conference or education/outreach program, storm drain stenciling or attending a compliance workshop or creek clean-up. In such circumstances, the Director shall make all reasonable effort to render commensurate effort and expense to in lieu compensatory actions as would otherwise be incurred by a violator imposed with normal enforcement proceedings and/or penalties and fines.
A. 
If the Director finds that a User has violated any conditions of this Part 2, a Permit or administrative order, or any applicable State and federal law, the User may be subject to Permit termination for any of the following:
(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 which will result in a change in Wastewater constituents and characteristics; or
(4) 
Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring or; sampling.
B. 
The Director shall notify noncompliant Users, by registered mail, of the proposed termination of their Permit.
Any User may, within 15 calendar days of receipt of an administrative order issued pursuant to this Part 2, serve upon the Director by registered mail, a written request for a hearing stating any factual determinations relevant to the order or legal objection to the order.
A. 
A hearing requested pursuant to § 343-63 shall be conducted by a hearing officer appointed by the County Executive or his or her designee. Said appointment shall be made as soon as possible but no later than 15 calendar days from the date of the receipt of the request for a hearing date. The hearing shall be scheduled to be heard no less than 15 calendar days and not more than 30 days after the mailing of said notice. The notice shall include:
(1) 
A statement of the time, place and nature of the hearing;
(2) 
A statement of the legal authority and jurisdiction under which the hearing is to be held;
(3) 
A reference to the particular sections of this Part 2 involved; and
(4) 
A short statement of the matters asserted.
B. 
Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
C. 
Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.
D. 
The record in a contested case shall include:
(1) 
All pleadings, motions, intermediate rulings;
(2) 
Evidence received or considered;
(3) 
A statement of matters officially noticed;
(4) 
Questions and offers of proof, objections, and rulings thereon;
(5) 
Proposed findings and exceptions;
(6) 
Any decision, opinion, or report by the officer presiding at the hearing;
(7) 
All staff memoranda or data submitted to the hearing officer or County Executive in connection with their consideration of the case;
(8) 
Oral proceedings or any part thereof shall be transcribed on request of any party and made part of the records;
(9) 
Findings of fact shall be based exclusively on the record and on matters officially noticed; and
(10) 
The costs associated with the hearing.
A. 
Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. When necessary to ascertain facts not reasonably susceptible of proof, evidence may be admitted if it is of a type commonly relied upon by reasonable, prudent men in the conduct of their affairs. The County Executive or hearing officer shall be cognizant of the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
B. 
Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.
C. 
A party may conduct cross-examinations required for a full and true disclosure of the facts.
D. 
Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts available to and within the County Executive's or hearing officer's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The County Executive's or hearing officer's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.
Hearing officers are authorized to:
A. 
Administer oaths and affirmations;
B. 
Sign and issue subpoenas in the name of the Administrative Board, at the request of any party, requiring attendance and the giving of testimony by witness and the production of books, papers, documents and other evidence. Said subpoena shall be regulated by the Civil Practice Law and Rules. Nothing herein contained shall affect the authority of an attorney for a party to issue such subpoenas under the provisions of the Civil Practice Laws and Rules;
C. 
Provide for the taking of testimony by deposition;
D. 
Regulate the course of the hearings, set the time and place for continued hearings and fix the time for filing of briefs and other documents; and
E. 
Direct the parties to appear and confer to consider the simplification of the issues by consent of the parties.
A. 
Each party shall be entitled to be represented by counsel.
B. 
Each party shall have the opportunity to present evidence and to cross-examine witnesses called by the other party.
C. 
Witnesses shall testify under oath.
D. 
The burden of proof shall be on the party requesting the hearing.
E. 
Irrelevant or unduly repetitious evidence of cross-examination may be excluded.
F. 
Objections to evidentiary offers may be made and shall be noted in the record.
G. 
All evidence, including records and documents in the possession of the County Sewer District of which it desires to avail itself, shall be offered and made a part of the record, and all such documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.
H. 
Official notice may be taken of all facts of which judicial notice could be taken and of other facts within the specialized knowledge of the County Sewer District.
I. 
Upon the request of either party, stenographic transcripts or electronic recording devices of the record of proceedings shall be permitted and the party or parties requesting said record services shall be fully responsible for the cost of said services.
Within 10 days from the completion of the hearing, the hearing officer shall render a written decision wherein the hearing officer shall either order the User to comply with the Director's order, modify the Director's order or vacate the Director's order.
A party aggrieved by the final decision of a hearing officer may institute review of said decision by filing a petition under Article 78 of the Civil Practice Law and Rules. The filing of an Article 78 petition does not stay enforcement of the hearing officer's decision and order.
Notwithstanding any other provision of this Part 2 or a Permit, the County Executive or the Administrative Boards may authorize the County Attorney to institute the appropriate legal proceedings, including seeking injunctive relief to enjoin any violation of National Pretreatment Standards, Pretreatment Requirements or any other requirements. Administrative procedures do not have to be exhausted if an illegal discharge is causing the County to violate its discharge Standards, and the length of time necessary to institute any existing legal remedies would result in a fine or penalty to the County.
A. 
Any Person who willfully violates any provision of this Part 2, or any final determination of an administrative order made by the Director in accordance with this article, with the exception of a violation of § 343-60B, which sets forth any penalties within said section, 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 $25,000, 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 or 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 a condition of a 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 $25,000 per violation per day or imprisonment for not more than one year, or both.
The Director shall publish annually, in the largest daily newspaper of the County, a list of Significant Industrial Users (or any Industrial User which violates Subsection C, D or H of this section) who, during the previous 12 months, were in significant noncompliance with applicable National Pretreatment Standards or other Pretreatment Requirements. Significant noncompliance occurs when violation(s) meet one or more of the following criteria:
A. 
Chronic violation of wastewater discharge Permit limits which shall be defined here as those in which 66% or more of all of the measurements taken for the same Pollutant parameter during a six-month period exceed (by any magnitude) a numeric Pretreatment Standard or Requirement including instantaneous limits.
B. 
Technical review criteria (TRC) violations, which shall be defined here as those in which 33% or more of all of the measurements taken for the same Pollutant parameter during a six-month period equal or exceed the product of a numeric Pretreatment Standard or Requirement including instantaneous limits multiplied by the applicable TRC. For this purpose, TRC shall be equal to 1.4 for BOD, TSS and FOG where a limit for these Pollutants is assigned and 1.2 for all other Pollutants with numerical limitations, with the exception of pH.
C. 
Any other violation of a pretreatment effluent limit (daily maximum, long-term average, instantaneous limit or narrative Standard) which the Director determines that the User, alone or in combination with other discharges, has caused Interference, Pass-Through, or in any other way is endangering the health of County personnel or the general public.
D. 
Any discharge of a Pollutant that has caused imminent danger to human health, welfare or to the environment or has resulted in the Director's exercise of emergency authority under this Part 2.
E. 
Failure to meet a compliance schedule milestone objective within 90 days of the objective as contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance.
F. 
Failure to provide, within 30 days after the due date, required reports including but not limited to the baseline monitoring report, ninety-day compliance report, periodic report on continued compliance, violation report and other reports included as part of a compliance schedule.
G. 
Failure to accurately report noncompliance.
H. 
Any other violation, group of violations or violation of Best Management Practices which the Director or other controlling authorities have determined to adversely affect the operation or implementation of the local pretreatment program.