The Binghamton-Johnson City Joint Sewage Board,
which was established by the municipal cooperation agreement between
the City of Binghamton and the Village of Johnson City dated July
14, 1965, is hereby continued; and all of the powers, functions and
obligations possessed by the Board pursuant to such agreement immediately
preceding the effective date of this Part 2 are hereby continued.
The composition of the Joint Sewage Board, the
terms of its members and the manner of filling vacancies shall be
as governed by the provisions of the agreement which created the Board,
and any amendments thereto.
A.
In addition to any other powers, duties and responsibilities
previously conferred upon it, the Joint Sewage Board shall have administrative
responsibility for implementing, effectuating and enforcing on behalf
of the city (village) all requirements necessary to ensure compliance
with this Part 2, with the terms and conditions of the SPDES permit
issued for the sewage treatment plant and with the industrial waste
pretreatment program developed and approved for the sewage treatment
plant.
B.
To carry out its responsibilities under this Part
2, the Joint Sewage Board may:
(1)
From time to time, adopt, amend or cancel administrative
rules and regulations, not inconsistent with the provisions of this
Part 2, governing the use of the sewage treatment plant and the procedure
to be followed with respect to hearings, filing of reports, the issuance
of permits and all other procedural matters relating to the use of
the plant and any public sewer served by the plant. Such rules and
regulations, before becoming effective, shall be approved by the Common
Council (Village Board of Trustees).
(2)
Appoint officers and employees and delegate to and
allocate among them administrative functions, powers and duties; and
retain and employ private consultants for professional and technical
assistance and advice.
(3)
Hold hearings, receive pertinent and relevant proof from any party in interest who appears at such hearing, compel the attendance of witnesses, make findings of fact and determinations and assess such penalties therefor as are hereinafter prescribed in Article IX, all with respect to any aspect or matter involving the administration of this Part 2.
(4)
Make, modify or cancel orders requiring the discontinuance
of the discharge of wastewater into any public sewer served by the
sewage treatment plant and specifying the conditions and time within
which such discontinuance must be accomplished.
(5)
With the advice and consent of the City (Village)
Attorney, institute or cause to be instituted in a court of competent
jurisdiction proceedings to compel compliance with the provisions
of this Part 2 or the determinations and orders of the Board.
(6)
Issue or deny permits under such conditions as may
be prescribed for the prevention and abatement of pollution, for the
discharge of industrial wastewater into any public sewer served by
the Binghamton-Johnson City Joint Sewage Treatment Plant; and fix
reasonable charges and fees for such permits.
(7)
Revoke, suspend or modify any wastewater discharge permit issued under the provisions of this Part 2 whenever, after hearing thereon, the Board determines that such revocation, suspension or modification is necessary or desirable to comply with the intent and purpose of this Part 2; provided, however, that the hearing required under this subsection may be waived, in writing, by the applicant or permittee.
(8)
On its own motion, investigate or make inquiry in
a manner to be determined by it, as to any condition affecting the
joint sewage treatment plant and as to any alleged act or omission
or failure to comply with any provision of this Part 2, with the Board's
rules and regulations or with any permit, order or determination issued
thereunder.
(9)
Make contracts and leases upon such terms as the Board
shall deem appropriate; and execute all instruments necessary and
convenient, including applications for permits from state and federal
agencies having jurisdiction over the sewage treatment plant or its
receiving waters.
(10)
Settle or compromise, with the approval of the
City (Village) Attorney, any action or cause of action for the recovery
of a penalty under the provisions of this Part 2 as it may deem advantageous
to the city (village).
(11)
Accept and assume from participating municipalities
such powers and functions as are necessary, convenient and proper
for enforcing its rules and regulations within such municipalities.
(12)
Promote, develop, encourage and assist in the
formulation of appropriate sewer use laws by municipalities which
directly or indirectly discharge municipal wastewater into the sewage
treatment plant; and cooperate with the appropriate agencies of such
municipalities with respect to matters having impact on the sewage
treatment plant.
(13)
Perform such other and further acts as may be
necessary, proper or desirable to carry out effectively the duties
and responsibilities prescribed in the provisions of this Part 2.
