When the Superintendent finds that a user has violated or continues to violate any provision of this Part 1, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may serve upon that user a written notice of violation. Within 10 days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the Superintendent. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Superintendent to take any action, including emergency action or any other enforcement action, without first issuing a notice of violation.
The Superintendent may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 150-48.1 and 15048.2 of this Part 1 and shall be judicially enforceable.
The Superintendent may order a user which has violated or continues to violate any provision of this Part 1, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement to appear before the Superintendent and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action and a request that the user show cause why the proposed action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least five days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not be a bar against or prerequisite for taking any other action against the user.
When the Superintendent finds that a user has violated or continues to violate any provision of this Part 1, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against or a prerequisite for taking any other action against the user.
A. 
When the Superintendent finds that a user has violated or continues to violate any provision of this Part 1, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, or that the user's past violations are likely to recur, the Superintendent may issue an order to the user directing it to cease and desist all such violations and directing the user to:
(1) 
Immediately comply with all requirements; and
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
B. 
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for taking any other action against the user.
Whenever a user has violated or continues to violate any provision of this Part 1, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
A. 
When the Superintendent finds that a user has violated or continues to violate any provision of this Part 1, a wastewater discharge permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may fine such user in an amount not to exceed $1,000. Such fines shall be assessed on a per-violation, per-day basis. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation.
B. 
Unpaid charges, fines and penalties shall, after 30 calendar days, be assessed an additional penalty of 10% of the unpaid balance, and interest shall accrue thereafter at a rate of 10% per month. A lien against the user's property will be sought for unpaid charges, fines and penalties.
C. 
Users desiring to dispute such fines must file a written request for the Superintendent to reconsider the fine along with full payment of the fine amount within 10 days of being notified of the fine. Where a request has merit, the Superintendent may convene a hearing on the matter. In the event that the user's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the user. The Superintendent may add the costs of preparing administrative enforcement actions, such as notices and order, to the fine.
D. 
Issuance of an administrative fine shall not be a bar against or a prerequisite for taking any other action against the user, including civil penalties or criminal prosecutions.
The Superintendent may immediately suspend a user's discharge, after informal notice to the user, whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the health or welfare of persons. The Superintendent may also immediately suspend a user's discharge, after notice and opportunity to respond, that threatens to interfere with the operation of the POTW or which presents, or may present, an endangerment to the environment.
A. 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. in the event of a user's failure to immediately comply voluntarily with the suspension order, the Superintendent may take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream or endangerment to any individuals. The Superintendent may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the Superintendent that the period of endangerment has passed, unless the termination proceedings in § 150-48.6 of this Part 1 are initiated against the user.
B. 
A user that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the Superintendent prior to the date of any show or cause or termination hearing under § 150-48 or 150-48.6 of this Part 1.
A. 
Any user who violates the following conditions, is subject to discharge termination and/or revocation of its discharge permit:
(1) 
Failure to notify the Superintendent in writing of changes in operations or wastewater volume, constituents and characteristics of its discharge, prior to discharge.
(2) 
Failure to provide prior notification to the Superintendent of changed conditions pursuant to § 150-42 of this Part 1.
(3) 
Misrepresentation or failure to fully disclose all relevant facts in the wastewater discharge permit application.
(4) 
Falsifying self-monitoring reports or failure to accurately report the wastewater constituents or characteristics of its discharge.
(5) 
Tampering with monitoring equipment.
(6) 
Refusing or failing to allow the Superintendent timely access to the facility premises and records.
(7) 
Failure to meet effluent limitations.
(8) 
Failure to pay fines.
(9) 
Failure to pay sewer charges.
(10) 
Failure to meet compliance schedules.
(11) 
Failure to complete a wastewater survey or the wastewater discharge permit application.
(12) 
Failure to provide advance notice of the transfer of business ownership of a permitted facility.
(13) 
Violation of any pretreatment standard or requirement, or any terms of the wastewater discharge permit or this Part 1.
B. 
Such user will be notified of the proposed termination of its discharge and/or revocation of its permit and be offered an opportunity to show cause under § 150-48 of this Part 1 why the proposed action should not be taken. Exercise of this option by the Superintendent shall not be a bar to or a prerequisite for taking any other action against the user.
[Amended 5-19-2014 by L.L. No. 2-2014]
The Superintendent shall publish annually in the Lockport Union Sun & Journal, or in the largest daily newspaper published in the municipality where the POTW is located, a list of the users which during the previous 12 months were significant violators of the applicable pretreatment standards and requirements. The term "significant violator" shall mean:
A. 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements during a six-month period exceed a numeric pretreatment standard or requirement, including instantaneous limits, for the same pollutant parameter by any amount;
B. 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of wastewater measurements taken for each pollutant parameter during a six-month period equals or exceeds the product of the numeric pretreatment standard or requirement, including instantaneous limits, multiplied by the applicable TRC (TRC=1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants except pH);
C. 
Any other discharge violation that the Superintendent believes has caused, alone or in combination with other discharges, interference or pass-through, including endangering the health of POTW personnel or the general public;
D. 
Any discharge of a pollutant that has caused imminent endangerment to the public or to the environment, or has resulted in the Superintendent's exercise of its emergency authority to halt or prevent such a discharge;
E. 
Failure to meet, within 90 days after the scheduled date, a compliance schedule milestone contained in a wastewater discharge permit or enforcement order for starting construction, completing construction or attaining final compliance;
F. 
Failure to provide, within 30 days after the due date any required reports, including baseline monitoring reports, reports on compliance with categorical pretreatment standard deadlines, periodic self-monitoring reports and reports on compliance with compliance schedules;
G. 
Failure to report noncompliance; or
H. 
Any other violations, which may include a violation of best management practices, which the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.