[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:
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:
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:
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:
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:
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:
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:
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.
