[Amended 8-21-1995 by L.L. No. 4-1995]
This article is under review by the NYSDEC and may be revised following review. The Municipal Attorney or officer responsible for drafting the Village of Montour Falls Sewer Use Law should carefully review the provisions in this article of the model and make any suitable adjustments to maintain consistency with local and state law.
A. 
The WWTPO shall prepare an Enforcement Response Plan. 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 Enforcement Response Plan shall:
(1) 
Describe how the WWTPO will investigate instances of noncompliance.
(2) 
Describe the types of escalated enforcement actions that the WWTPO will take in response to all anticipated types of user violations and the time periods within which to initiate and follow up these actions.
(3) 
Adequately reflect the Village of Montour Falls Board's responsibility to enforce all applicable standards and requirements.
C. 
The Enforcement Response Plan shall contain:
(1) 
Criteria for scheduling periodic inspection and/or sampling visits to POTW users.
(2) 
Forms and guidelines for documenting compliance data in a manner which will enable the information to be used as evidence.
(3) 
Systems to track due dates, compliance schedule milestones and pending enforcement actions.
(4) 
Criteria, responsible personnel and procedures to select and initiate an enforcement action.
D. 
The range of appropriate enforcement actions shall promote consistent and timely use of enforcement remedies and shall be based on the nature and severity of the violation and other relevant factors, such as:
(1) 
The magnitude of the violation.
(2) 
The duration of the violation.
(3) 
The effect of the violation on the receiving water.
(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.
(7) 
The good faith of the user.
E. 
The Village of Montour Falls Board shall approve the Enforcement Response Plan. The Enforcement Response Plan shall be reviewed at least every five years.
[4-17-2014 by L.L. No. 2-2014]
A. 
At a frequency deemed necessary by the Village, property owner survey forms will be distributed to obtain information regarding sources of sewage flows entering the sewer system. When a property owner receives a survey from the Village, the property owner shall:
(1) 
Within 30 days, complete the survey form to the best of his or her knowledge and return the completed survey form to the Village or address provided on the survey form.
(2) 
Any person refusing to return the completed survey form within 30 days shall be subject to an inspection of his or her property as outlined in § 117-76. The property owner shall be responsible for all costs incurred to complete the inspection and may, at the Village's discretion, be subject to the fines hereafter provided for in section § 117-83.
(3) 
Any person who knowingly provides false information on a completed survey form shall be subject to an inspection of his or her property. The property owner shall be responsible for all costs incurred to complete the inspection and may, at the Village's discretion, be subject to the fines hereafter provided for in § 117-83.
Whenever the WWTPO finds that any user has violated or is violating this chapter or any wastewater discharge permit, order, prohibition, limitation or requirement permitted by this chapter, the WWTPO may serve upon such person a written notice stating the nature of the violation. Within 10 calendar days of the date the WWTPO mails the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof shall be submitted to the WWTPO by the user. The correction and prevention plan shall include specific actions. 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 WWTPO is hereby empowered to enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the user responsible for the 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 shall have the same force and effect as an administrative order.
A. 
When the WWTPO finds that a user has violated or continues to violate this chapter or a permit or administrative order issued thereunder, he/she 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 that there is no reoccurrence of the violation. 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, additional self-monitoring and management practices.
B. 
The user may, within 15 calendar days of receipt of such order, petition the WWTPO to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the WWTPO by registered mail. The WWTPO shall then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the order; or
(3) 
Order the petitioner to show cause in accordance with § 117-85 and may as part of the show cause notice request the user to supply additional information.
A. 
Notwithstanding any other section of this chapter, any user who is found to have violated any provision of this chapter or a wastewater discharge permit or administrative order issued hereunder shall be fined in an amount not to exceed $1,000 per violation. Each 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 notification of the WWTPO's notice of such fine, petition the WWTPO to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the WWTPO by registered mail. The WWTPO shall then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the fine; or
(3) 
Order the petitioner to show cause in accordance with § 117-87 and may as part of the show cause notice request the user to supply additional information.
A. 
When the WWTPO finds that a user has violated or continues to violate this chapter or any permit or administrative order issued hereunder, the WWTPO may issue an administrative order to cease and desist all such violations and direct those persons in noncompliance to:
(1) 
Comply forthwith;
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge.
B. 
The user may, within 15 calendar days of the date the WWTPO mails notification of such order, petition the WWTPO to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the WWTPO by registered mail. The WWTPO shall then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the order;
(3) 
Order the petitioner to show cause in accordance with § 117-85 and may as part of the show cause notice request the user to supply additional information.
A. 
Any user who violates the following conditions of this chapter or a wastewater discharge permit or administrative order or any applicable state and federal law is subject to permit termination:
(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 or wastewater constituents and characteristics.
(4) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.
B. 
Noncompliant industrial users will be notified, by registered mail, of the proposed termination of their wastewater permits.
C. 
The user may, within 15 calendar days of the date the WWTPO mails such notification, petition the WWTPO to permit continued use of the POTW by the user. Such petition shall be in written form and shall be transmitted to the WWTPO by registered mail. The WWTPO shall then:
(1) 
Reject any frivolous petitions;
(2) 
Order the petitioner to show cause in accordance with § 117-87 and may as part of the show cause notice request the user to supply additional information.
A. 
Whenever a user has violated or continues to violate the provisions of this chapter or an order or permit issued hereunder, water service to the user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
B. 
The user may, within 15 calendar days of severance, petition the WWTPO to reconnect water supply service. Such petition shall be in written form and shall be transmitted to the WWTPO by registered mail. The WWTPO shall then:
(1) 
Reject any frivolous petitions;
(2) 
Reconnect the water supply; or
(3) 
Order the petitioner to show cause in accordance with § 117-87 and may as part of the show cause notice request the user to supply additional information.
A. 
The WWTPO may order any user appealing administrative remedies for violations of this chapter to show cause, before the Village of Montour Falls Board, why an enforcement action initiated by the WWTPO should not be taken. A notice shall be served on the user specifying the time and place of a hearing to be held by the Village of Montour Falls Board regarding the violation, the reasons why the action is to be taken and the proposed enforcement action and directing the user to show cause before the Village of Montour Falls Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing in accordance with § 117-89 of this article. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment. The notice of the hearing shall be served at least 10 calendar days before the hearing, in accordance with § 117-89.
B. 
The Village of Montour Falls Board may itself conduct the hearing or may designate any of its members or any officer or employee of the Village of Montour Falls to conduct the hearing and/or:
(1) 
Issue, in the name of the Village of Montour Falls Board, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings;
(2) 
Take the evidence;
(3) 
Take sworn testimony;
(4) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Village of Montour Falls Board for action thereon.
C. 
After the Village of Montour Falls Board has reviewed the evidence and testimony, it may order the user to comply with the WWTPO's order or fine, modify the WWTPO's order or fine or vacate the WWTPO's order or fine.
In the event that the WWTPO issues any administrative order, terminates the user's permit or makes any fine as set forth in this article and the user fails within the designated period of time set forth to petition the WWTPO 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.
The notices, orders, petitions or other notification which the user or WWTPO shall desire or be required to give pursuant to any sections of this chapter shall be in writing and shall be served personally or 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. Any notice, administrative order or communication mailed to the user pursuant to the sections of this chapter shall be mailed to the user where the user's effluent is discharged into transmission lines to the Village of Montour Falls' POTW. Any notice, petition or other communication mailed to the WWTPO shall be addressed and mailed to the Village Hall, Montour Falls.
The WWTPO shall have the right, within the WWTPO's sole discretion, to utilize any one or more appropriate administrative remedies set forth in this article. The WWTPO may utilize more than one administrative remedy established pursuant to this article, and the WWTPO may hold one show cause hearing combining more than one enforcement action.
A. 
Any person who violates any of the provisions of or who fails to perform any duty imposed by this chapter or any administrative order or determination of the WWTPO promulgated under this chapter or the terms of any permit issued hereunder shall be liable to the Village of Montour Falls for a civil penalty not to exceed $1,000 for each such violation, 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 day's continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the Village of Montour Falls Attorney or his/her designated attorney, at the request of the WWTPO in the name of the Village of Montour Falls, in any court of competent jurisdiction, giving preference to courts local to the Village of Montour Falls. In addition to the above-described penalty, the WWTPO may recover all damages incurred by the Village of Montour Falls from any persons or users who violate any provisions of this chapter or who fail to perform any duties imposed by this chapter or any administrative order or determination of the WWTPO promulgated under this chapter or the terms of any permit issued hereunder. In addition to the above-described damages, the WWTPO may recover all reasonable attorney's fees incurred by the Village of Montour Falls in enforcing the provisions of this article, including reasonable attorney's fees incurred in any action to recover penalties and damages, and the WWTPO may also recover court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
B. 
In determining the amount of civil penalty, the court shall take into account all relative circumstances, including but not limited to the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user and any other relative factors as justice may require.
C. 
Such civil penalty may be released or compromised by the WWTPO before the matter has been referred to the Village of Montour Falls Attorney, and where such matter has been referred to the Village of Montour Falls Attorney, any such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the Village of Montour Falls Attorney, with the consent of the WWTPO.
A. 
In addition to the power to assess penalties as set forth in this article, the WWTPO shall have the power, following the hearing held in conformance with the procedures set forth in this article, to seek an order:
(1) 
Suspending, revoking or modifying the violator's wastewater discharge permit; or
(2) 
Enjoining the violator from continuing the violation.
B. 
Any such court order shall be sought in an action brought by the Village of Montour Falls Attorney, at the request of the WWTPO in the name of the Village of Montour Falls, in any court of competent jurisdiction, giving precedence to courts local to the Village of Montour Falls.
C. 
The Village of Montour Falls Attorney, at the request of the WWTPO, shall petition the court to impose, assess and recover such sums imposed according to this article. In determining amount of liability, the court shall take into account all relevant circumstances, including but not limited to the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user's violation, corrective actions by the user, the compliance history of the user and any other factor as justice requires.
A. 
Any person who willfully violates any provision of this chapter or any final determination or administrative order of the WWTPO 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 $1,000, 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 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 chapter or wastewater permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall be guilty of a Class A Misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000 per violation per day or imprisonment for not more than one year, or both.
C. 
No prosecution under this section shall be instituted until after final disposition of a show cause hearing, if any was instituted.
Whenever a user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the WWTPO, through counsel, may petition the court in the name of the Village of Montour Falls for the issuance of a preliminary or permanent injunction, or both (as may be appropriate), which restrains the violation of or compels the compliance with any order or determination thereunder by the WWTPO.
A. 
Notwithstanding any inconsistent provisions of this chapter, whenever the WWTPO finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in the judgment of the WWTPO, presents an imminent danger to the public health, safety or welfare or to the environment or is likely to result in severe 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 WWTPO may, without prior hearing, order such user by notice, in writing wherever practicable or in such other form as 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; 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 WWTPO may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 calendar days, the WWTPO 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 Village of Montour Falls, the right of summary abatement to discontinue, abate or alleviate conditions or activities shall be those prescribed in the intermunicipal agreement.
C. 
The WWTPO, acting upon the belief that an emergency exists, shall be indemnified against any personal liability that may arise in the performance of his/her duties to protect the public health, safety or welfare or to preserve the POTW or the environment.
A. 
If there shall be any payments which are due to the Village of Montour Falls or any department thereof, pursuant to any Article or section of this chapter, which shall remain due and unpaid, in whole or in part, for a period of 14 calendar days from the date of billing by the Village of Montour Falls, the same shall constitute a default, and there shall be added to the entire amount of the original bill a penalty equal to 10% of the original bill.
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 May 15 of any year, the Village Clerk shall report the names of the defaulting persons to the Village of Montour Falls Board on or before May 15 of the same year. The Village of Montour Falls Clerk 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 chapter, to the real property taxes due and owing to Village of Montour Falls in the next succeeding year, and the Village of Montour Falls Clerk is directed to collect the same in the same manner as real property taxes due and owing to the Village of Montour Falls are collected.
C. 
Where charges are delinquent and the violator is not a resident of the Village of Montour Falls or is located outside the geographical boundaries of the Village of Montour Falls, then the Village of Montour Falls Attorney is authorized to seek recovery of charges, including punitive damages, in a court of competent jurisdiction or make arrangements with the appropriate County 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 this chapter, to the real property taxes due to the County in the next ensuing year.
The WWTPO may decline to reissue a permit to any user which has failed to comply with the provisions of this chapter or any order or previous permit issued hereunder unless such user first files with it a satisfactory bond, payable to the POTW, in a sum not to exceed a value determined by the WWTPO to be necessary to achieve consistent compliance.
The WWTPO may decline to reissue a permit to any user which has failed to comply with the provisions of this chapter 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 caused by its discharge.
The WWTPO 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 WWTPO 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 WWTPO shall provide public notification, in the daily newspaper with the largest circulation in the Village of Montour Falls, of users which were in significant noncompliance with local or federal pretreatment standards or requirements since the last such notice. The frequency of such notices shall be at least once per year.
A. 
Users which have not achieved consistent compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the Village of Montour Falls.
B. 
Existing contracts for the sale of goods or services to the Village of Montour Falls held by a user found to be in significant violation with pretreatment standards may be terminated at the discretion of the Village of Montour Falls Board.