The Director shall prepare an Enforcement Response
Plan. The Enforcement Response Plan shall outline the procedures to
be followed to identify, document and respond to violations by users
of the POTW. Violations by any user of the POTW shall be met with
an enforcement response deemed appropriate by the Director.
A.
The Enforcement Response Plan shall:
(1)
Describe investigation procedures for instances of
noncompliance.
(2)
Describe the enforcement actions that may be taken
in response to user violations and the time periods within which these
actions should be initiated.
(3)
Reflect the City Council's responsibility to enforce
applicable standards and requirements.
B.
The Enforcement Response Plan shall contain:
(1)
Criteria for periodic inspection and/or sampling of
POTW users.
(2)
Forms and guidelines for documenting compliance data.
(3)
A procedure to track compliance schedule milestones
and pending enforcement actions.
(4)
The criteria and procedures to initiate an enforcement
action and the personnel responsible for making the determination.
C.
The range of enforcement actions shall be based on
the nature and severity of the violation and other relevant factors,
including:
(1)
The magnitude of the violation;
(2)
The duration of the violation;
(3)
The effect of the violation on receiving waters;
(4)
The effect of the violation on the POTW;
(5)
The effect of the violation on the health and safety
of the POTW employees;
(6)
The compliance history of the user; or
(7)
The good faith of the user.
D.
The City Council shall approve the Enforcement Response
Plan. The Enforcement Response Plan may be reviewed at least every
five years.
Whenever the Director finds that any user has
violated or is violating this Part 1, any wastewater discharge permit,
order, prohibition, limitation or other requirement, the Director
may serve upon such person a written notice stating the nature of
the violation. Within 10 calendar days of the date the Director mails
the notice, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof shall be submitted to the Director
by the user. This correction and prevention plan shall include specific
actions to be undertaken. 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 Director is hereby empowered to negotiate
and enter into consent orders, assurances of voluntary compliance
or other similar documents establishing an agreement with the user
responsible for an event of 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 may
also include scheduling for future sampling and analysis, and may
include provisions for the recapture of any costs incurred by the
city as a result of the event of noncompliance. Consent orders shall
have the same force and effect as an administrative order.
A.
When the Director finds that a user has violated or
continues to violate this Part 1 or a permit, consent order or administrative
order issued hereunder, he or she may issue an administrative order
to the user responsible for the discharge directing that sewer service
shall be discontinued, severed and abated unless the violation is
corrected, and no reoccurrence of the violation arises within a specified
time period. 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 and additional
self-monitoring.
B.
The user may, within 15 calendar days of receipt of
such order, petition the Director to modify or suspend the order.
Such petition shall be in written form and shall be transmitted to
the Director by registered mail. The Director shall then:
A.
Notwithstanding any other section of this Part 1, any user who is found to have violated any provision of this Part 1 or a wastewater discharge permit, consent order or administrative order issued hereunder shall be fined an amount not to exceed $10,000 per violation or pursuant to the Enforcement Response Plan. Each calendar 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 Director's
notification of such fine, petition the Director to modify or suspend
the order. Such petition shall be in written form and shall be transmitted
to the Director by registered mail. The Director shall then either:
A.
When the Director finds that a user has violated or
continues to violate this Part 1 or any permit, consent order or administrative
order issued hereunder, the Director may issue an administrative order
to cease and desist all such violations and direct those persons in
noncompliance to:
B.
The user may, within 15 calendar days of the date
the Director mails notification of such order, petition the Director
to modify or suspend the order. Such petition shall be in written
form and shall be transmitted to the Director by registered mail.
The Director shall then:
A.
Any user who violates the following conditions of
this Part 1 or a wastewater discharge permit, consent order or administrative
order or any applicable or state and federal law is subject to permit
termination:
(1)
Violation of permit conditions or conditions of a
consent order or an administrative order;
(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; or
(5)
Failure to pay administrative fines, fees or user
charges.
B.
Any noncompliant industrial user will be notified
by registered mail of the proposed termination of its wastewater permit.
C.
The industrial user may, within 15 calendar days of
the date the Director mails such notification, petition the Director
to permit continued use of the POTW by the user. Such petition shall
be in written form and shall be transmitted to the Director by registered
mail. The Director shall then either:
A.
Whenever a user has violated or continues to violate
the provisions of this Part 1 or an order or permit issued hereunder,
water service to the user may be severed and service will only recommence
after the user has satisfactorily demonstrated its ability to comply
with this Part 1.
B.
The user may, within 15 calendar days of severance,
petition the Director to reconnect water supply service. Such petition
shall be in written form and shall be transmitted to the Director
by registered mail. The Director shall then:
A.
The Director may order any user appealing an administrative remedy or order for violations of this Part 1 to show cause before the City Council or its designated Hearing Board, appointed pursuant to § 225-84D, why an enforcement action initiated by the Director should not be taken or why the user's petition to modify or suspend any enforcement action should be granted.
B.
A notice shall be served on the user:
(1)
Specifying the time and place of a hearing to be held
by the City Council regarding the violation.
(2)
Specifying the reasons why the action is to be taken.
(3)
Specifying the proposed enforcement action.
(4)
Directing the user to show cause before the City Council
why the proposed enforcement action should not be taken or continued.
C.
The notice of the hearing shall be served at least 10 calendar days before the hearing in accordance with § 225-86 of this article.
D.
The City Council may conduct the hearing, or may designate
a Hearing Board comprised of any of its members or any officer of
the city to conduct such hearings. The Hearing Board will be created
by resolution of the City Council and will serve in such capacity
for such times as the City Council may determine. The Hearing Board
may:
(1)
Issue, in the name of the City Council, notices of
hearings requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in such
hearings.
(2)
Receive evidence.
(3)
Take sworn testimony.
(4)
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the
City Council for action thereon.
E.
After the City Council, or its authorized designee
Board, has reviewed the evidence and testimony, it may order the user
to comply with the Director's order or fine, or it may modify or vacate
the Director's order or fine.
In the event that the Director issues any administrative
order, consent order, terminates the user's permit or issues any fine
as set forth in this article and the user fails, within a designated
period of time, to petition the Director as provided in 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.
A.
The notices, orders, petitions or other notification which the user or Director shall desire or be required to give pursuant to any sections of this Part 1 shall be in writing and may be served pursuant to the provisions of the Civil Practice Law and Rules, or may 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.
B.
Any notice, administrative order or communication mailed to the user pursuant to the sections of this Part 1 shall be mailed to the user at the user's last known mailing address.
C.
Any notice, petition or other communication mailed
to the Director shall be addressed and mailed to:
|
Director
Department of Public Works
City of Glen Cove
9-13 Glen Street
Glen Cove, New York 11542
|
The Director shall have the discretion to utilize
any one or more appropriate administrative remedies set forth in this
article. The Director may utilize more than one administrative remedy
established pursuant to this article and may combine more than one
enforcement action into any show cause hearing.
A.
Any person who violates any of the provisions of or who fails to perform any duty imposed by this Part 1 or any administrative order, consent order or determination of the Director, or the terms of any permit issued hereunder, shall be liable to the city for a civil penalty not to exceed $10,000 for each such violation, or pursuant to the city's Enforcement Response Plan. Such penalties are 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 a continuing violation, each calendar day's continuance thereof shall be deemed a separate and distinct violation.
B.
Any penalty assessed may be recovered by an action
brought by the City Attorney in any court of competent jurisdiction.
In addition to the above-described penalty, the city may recover all
damages incurred by the city from any persons or users who violate
any provisions of this Part 1 or who fail to perform any duties imposed
by this Part 1, or by any administrative order or consent order or
determination of the Director, or by the terms of any permit issued
hereunder.
C.
In addition to the above-described damages, the city
may recover all reasonable attorney's fees incurred by the City of
Glen Cove in enforcing the provisions of this article, including reasonable
attorney's fees incurred in any action to recover penalties and damages,
and the city may also recover court costs and other expenses associated
with the enforcement activities, including but not limited to sampling
and monitoring expenses directly related to the enforcement action.
D.
Where a matter has been referred to the City Attorney
any such penalty may be released or compromised and any action commenced
to recover the same may be settled or discontinued by the City Attorney.
In addition to the power to assess penalties
as set forth in this article, the city shall have the power to seek
an order in a court of competent jurisdiction:
A.
Any person who willfully violates any provision of this Part 1 or any final determination, consent order or administrative order of the Director 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 $10,000, 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 calendar day's continuance thereof shall be deemed a separate and distinct offense.
B.
Any user who knowingly makes any false statement,
representation or certification in any application, record, report,
plan or other document filed or required to be maintained pursuant
to this Part 1 or in any wastewater permit, or tampers with or knowingly
renders inaccurate or inoperative any monitoring device or method
required under this Part 1 shall be guilty of a Class A Misdemeanor
and, upon conviction, shall be punished by a fine of not more than
$10,000 per violation per day, or imprisonment for not more than one
year, or both.
Whenever a user has violated or continues to
violate the provisions of this Part 1 or permit or order issued hereunder,
the city may petition the court for the issuance of a preliminary
or permanent injunction restraining the violation of, or compelling
the compliance with, any order or determination made by the Director.
A.
Notwithstanding any inconsistent provisions of this Part 1, whenever the Director finds that any user is causing, engaging in or maintaining a condition or activity which, in the judgment of the Director, presents an imminent 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, and it therefore appears to be prejudicial to the public interest to allow the condition or activity to go unabated until notice and an opportunity for a hearing can be provided, the Director may, without prior hearing, order such user by notice, in writing wherever practicable or in such other form as practices are intended to be prescribed, to discontinue, abate or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate or alleviate such condition or activity; or where the giving of notice is impracticable, or in the event of a user's failure to comply voluntarily with an emergency order, the Director may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 calendar days, the Director shall provide the user an opportunity to be heard in accordance with the provisions of this article.
B.
If the user is not within the geographic boundaries
of the City of Glen Cove, the right of summary abatement to discontinue,
abate or alleviate conditions or activities shall be those prescribed
in any intermunicipal agreement.
C.
Sealing connection. The city may, in addition to the remedies provided above in this article, take such steps as may be necessary to seal or close off any building sewer connection from the city POTW until it is satisfied that adequate measures have been taken to prevent the recurrence of any violation of the provisions of this Part 1.
A.
Any payments which are due to the City of Glen Cove, or any department thereof, pursuant to any article or section of this Part 1, 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 City of Glen Cove, shall be determined to be in default and there shall be added to the unpaid balance a penalty equal to 20% of the unpaid balance, and interest shall accrue on the unpaid balance at the rate of 2% per month, retroactive to the date of the default.
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 December 15 of any year, the Director
shall report the names of the defaulting persons to the Mayor, the
City Clerk and the City Controller on or before December 15 of the
same year. The City Controller 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 1, to the real property taxes due and owing to City of Glen
Cove in the next succeeding year, and the City Chief Assessor is directed
to collect the same in the same manner as real property taxes due
and owing to the City of Glen Cove are collected.
C.
Where charges are delinquent and the violator is not
a resident of the City of Glen Cove, or is located outside the geographical
boundaries of the City of Glen Cove, then the City Attorney is authorized
to seek recovery of charges, including punitive damages, in a court
of competent jurisdiction or make arrangements with the appropriate
municipality or taxing entity where the user is located to add the
amount of the sewer assessment or other charges which shall be in
default, plus penalty and interest, as provided for in the chapter,
to the real property taxes due to the municipality or taxing entity
in the next ensuing year.
The Director may decline to reissue a permit
to any user which has failed to comply with the provisions of this
Part 1 or any order or previous permit issued hereunder unless such
user first files with it a satisfactory bond, payable to the city,
in a sum not to exceed 150% of the value of the aggregate charge levied
against such user in the previous year. Such charges include any sewer
taxes, assessments, other service charges or penalties or city costs
assessed against said user.
The Director may decline to reissue a permit
to any user which has failed to comply with the provisions of this
Part 1 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 or other problems caused
by its discharge.
The Director is authorized to pay up to $500
for information leading to the discovery of noncompliance by a user.
In the event that the information provided results in an administrative
fine or civil penalty levied against the user, the Director is authorized
to disperse up to 10% of the collected fine or penalty to the informant.
However, a single reward payment may not exceed $10,000, including
the discovery reward.
The Director shall provide public notification,
in the official newspaper of the City of Glen Cove, of users who were
in significant noncompliance 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.
Users who are not in compliance with applicable
pretreatment standards and requirements are not eligible to receive
a contractual awards for the sale of goods or services to the City
of Glen Cove.
A.
No person shall maliciously, willfully or negligently
break, damage, destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the POTW.
B.
No person shall intentionally modify, adulterate or
manipulate any wastewater sample or flow monitoring equipment, required
under this Part 1 or otherwise reportable under federal, state or
local law, for the purpose of changing or modifying the analysis results
of any such wastewater sample or flow measurement.
C.
Any person violating this provision shall be subject
to immediate arrest under charge of disorderly conduct.
