Whenever it shall appear to the City Engineer, after investigation, that any person has violated any provision of this chapter (other than § 236-718), the City Engineer shall give written notice to the alleged violator or violators setting forth the nature of the violation and directing that the matters complained of be corrected within such reasonable time limit as may be set by the City Engineer. Any such notice shall be served on the violator by personal service or by registered or certified mail sent to the last address of the violator known to the City Engineer. Where the address is unknown, service may be made upon the owner of the record of the property involved. If satisfactory action is not taken in time allotted by the notice, the violator shall be subject to the penalty provisions of § 236-1003.
Any person violating any of the provisions of this
chapter shall, in addition, be liable to the City for any expense,
loss or damage occasioned to the City by reason of such violations
and any expense incurred in correcting the violation.
The City Attorney, on his own initiative or at the
request of the City Engineer, shall have the right to seek equitable
relief in the name of the City to restrain the violation of or to
compel compliance with this chapter or any order or determination
issued thereunder by the City Engineer.
Notwithstanding any inconsistent provisions of this chapter, whenever the City Engineer finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in his judgment, presents an imminent danger to the public health, safety or welfare or to the environment or is likely to result in irreversible or irreparable damage to the public sewer system and it therefore appears to be prejudicial to the public interest to delay action until notice and an opportunity for a hearing can be provided, the City Engineer may, without prior hearing, order such user, by notice in writing wherever practicable or in such other form as in his judgment will reasonably notify such person whose practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity. In the event of a user's failure to comply voluntarily with such emergency order or where the giving of notice is impracticable, the City Engineer may take all appropriate action to abate the violating condition, including disconnecting the user's premises from the City's public sewer system. As promptly as possible thereafter, not to exceed 15 days, the City Engineer shall provide the user with the written notice required by Subsection A.
The City Engineer, acting upon the belief that an
emergency exists, shall be indemnified against any personal liability
that may arise in the performance of his duty to protect the public
health, safety or welfare or preserve the public sewer system.
Whenever the Joint Sewer Board shall have made a determination
that it should prosecute for an alleged violation of this chapter,
the Board's attorney shall institute an action in the local criminal
court in the jurisdiction in which the alleged violation occurred.
The Joint Sewer Board is hereby empowered, after an administrative hearing held in accordance with the provisions of Article VIII, to modify, suspend or revoke a violator's discharge permit.
In addition to the powers as set forth in Subsection B above, the Board is further empowered, following a hearing or opportunity to be heard in accordance with the provisions of Article VIII, to issue an order in the name of the Board and of the City enjoining the violator from continuing the violation. Any such order of the Board shall be enforceable in an action brought in the name of the City by the Board's attorney in any court of competent jurisdiction.
Any final order issued by the Board pursuant to Subsection B may be reviewed in a proceeding brought pursuant to Article 78 of the New York Civil Practice Law and Rules. Application for such review must be made within 60 days after service in person or by mail of a copy of the determination or order upon the attorney of record for the applicant and of each person who has filed a notice of appearance, or upon the applicant in person if not represented by an attorney.
Any person violating any provision of this chapter
shall, in addition, be liable to the Joint Sewer Board for any expense,
loss or damage occasioned to the Board by reason of such violation
and any expense incurred in correcting the violation.
The Board's attorney, or the City Attorney at the
request of the Joint Sewer Board, shall have the right to seek equitable
relief in the name of the City to restrain the violation of or to
compel compliance with any provision of this chapter.
Notwithstanding any inconsistent provision of law, whenever the Board finds, after investigation, that any user within the City is causing, engaging in or maintaining a condition or activity which, in its judgment, presents an imminent danger to the public health, safety or welfare or to the environment or is otherwise likely to result in irrevocable or irreparable damage to the POTW and it therefore appears to be prejudicial to the public interest to delay action until notice and an opportunity for a hearing can be provided, the Board may, without prior hearing, order such user, by notice in writing or other form as in the Board's judgment will reasonably notify such person whose practices are intended to be proscribed, to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity. In the event of a user's failure to comply voluntarily with such emergency order, or where the giving of notice is impracticable, the Board may take all appropriate action to abate the violating condition, including disconnecting the user's premises from the City public sewer system. As promptly as possible thereafter, not to exceed 15 days, the Board shall provide the user an opportunity to be heard in accordance with the provisions of Article VIII.
The Board, acting upon the belief that an emergency
exists, shall be indemnified against any personal liability that may
arise in the performance of its duties to protect the public health,
safety or welfare or preserve the public sewer system.
Jurisdiction. Whenever the Joint Sewer Board shall
seek a money fine or imprisonment against a violator of any section
of this chapter, then the jurisdiction over said proceeding shall
be vested in the local criminal court in the City or town in which
the violation occurred.
Amount of fine. Any person who violates any provision
of this chapter or any order or directive of the City Engineer promulgated
thereunder shall be guilty of a violation and, upon conviction thereof,
shall be punished by a fine of not less than $300 nor more than $2,500.
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.
Disposition of fines. Any fines collected hereunder
by the court shall be paid over to the City in which the offense occurred.
Thereafter, said City shall be required to remit said fine money to
the Joint Sewer Board within 30 days of collection.
Restitution. Any person violating any provision of this chapter shall, in addition to any money fines or imprisonment imposed by the foregoing Subsection B, be liable to the Joint Sewer Board for any expense, loss or damage occasioned to the Board by reason of such violation and any expense incurred in correcting the violation.
The City Engineer, the City Attorney and other
City officials shall cooperate fully with the Board in its enforcement
and administration of applicable provisions of this chapter.
The Board shall provide notification, in the official
daily newspaper with the largest circulation in the City, of industrial
users which were significantly in violation of local or federal pretreatment
standards or requirements since the last such notice. The frequency
of such notices shall be at least once per year.
Chronic violations of wastewater discharge limits,
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 of requirement,
including instantaneous limits, as defined by 40 CFR 403.3(1);
Technical review criteria (TRC) violations,
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 the numeric pretreatment standard or requirement,
including instantaneous limits, as defined by 40 CFR 403.3(1) multiplied
by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease,
and 1.2 for all other pollutants except pH);
Any other violation of a pretreatment standard
or requirement as defined by 40 CFR 403.3(1) (daily maximum, long-term
average, instantaneous limit, or narrative standard) that the POTW
determines has caused, alone or in combination with other discharges,
interference or pass through (including endangering the health of
POTW personnel or the general public);
Any discharge of a pollutant that has caused
imminent endangerment to human health, welfare or to the environment
or has resulted in the POTW's exercise of its emergency authority
under Paragraph (f)(l)(vi)(B) of this section[1] to halt or prevent such a discharge;
Failure to meet, within 90 days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement
order for starting construction, completing construction, or attaining
final compliance;
Failure to provide, within 30 days after the due date, required reports
such as baseline monitoring reports, ninety-day compliance reports,
periodic self-monitoring reports, and reports on compliance with compliance
schedules;
Any other violation or group of violations, which may include a violation
of best management practices, which the Board determines will adversely
affect the operation or implementation of the local pretreatment program.
Any user who introduces into the POTW any pollutant(s)
which cause interference or pass through shall, in addition, be guilty
of a violation and, upon conviction thereof, shall be punished by
a fine of not less than $1,000 nor more than $10,000. 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.
It did not know or have reason to know that
its discharge alone or in conjunction with a discharge or discharges
from other sources would cause a pass through or interference.
A local limit designed to prevent pass through
and/or interference, as the case may be, was developed in accordance
with Paragraph (5)(c) of 40 CFR 403 for each pollutant in the user's
discharge that caused pass through or interference, and the user was
in compliance with each such local limit directly prior to and during
the pass through or interference.
If a local limit designed to prevent pass through
and/or interference, as the case may be, has not been developed in
accordance with Paragraph (5)(c) of 40 CFR 403 for the pollutant(s)
that caused the pass through or interference, the user's discharge
directly prior to and during the pass through or interference did
not change substantially in nature or constituents from the user's
prior discharge activity when the POTW was regularly in compliance
with the POTW's NPDES permit requirements and in the case of interference
applicable requirements for sewage sludge use or disposal.