Applications, requests and submissions shall be filed with the Director of Utilities, who will review and forward the items to the appropriate branch within his organization for action.
Any notice required to be given to the Board may be made to the Director of Utilities at his/her office at the Water Pollution Control Plant No. 2, 1319 Main Street, Apalachin, New York 13732.
Applications, permits, registrations and reports shall be in such form as prescribed by the Board. Standard forms and instructions may be obtained at the office of the Director of Utilities.
Nothing in this article shall be construed as preventing any special agreement or arrangement between the Board and any user of the wastewater facilities whereby wastewater of unusual strength or character is accepted into the system and specially treated subject to any payments or user charges as may be applicable. The Board shall not accept any discharge prohibited by state or federal law.
The manner of paying bills for service, penalties for nonpayment, deposits and other related matters shall be in conformance with those established by these rules and regulations.
Any interested person may petition the Director of Utilities for a declaratory opinion relating to any rule, order, policy or interpretation used by the Director of Utilities in the discharge of his/her functions. A petition to the Director of Utilities for a declaratory opinion shall be acknowledged within 10 days. The Director of Utilities may state his/her opinion of the petitioner's position and the policy of his/her office. The Board shall be informed of all opinions prior to issuance of said opinions. Such opinions are not binding on the Board but may be reviewed, with notice, by the Board upon request of any party or upon the Board's initiative. After review, the Board shall issue a declaratory ruling to be filed with the Director of Utilities. The Director of Utilities shall compile, index and publish all such rulings.
A. 
Any person aggrieved by a determination or order of the Director of Utilities may request that the Board review the Director of Utilities' actions. Requests for a Board review shall be in writing and shall be made within 15 days of the action complained of. The request shall be filed with the Director and with the Board and shall contain a short and plain statement of the matters asserted and the relief being sought. No later than 30 days after receipt of a request for review, the Board shall schedule an adjudicatory hearing to be held in accordance with the procedures set forth in § 95-64. A special meeting of the Board may be called by the Supervisor upon the filing of the request for review, and the Board may, in its discretion, suspend the operation of the order or determination of the Director complained of until such time as the Board has acted upon the appeal.
B. 
The Board shall review and evaluate all appeals, and in making any decisions, it shall give due consideration to such factors as it deems appropriate for effectuating the policy and purpose of these rules and regulations.
A. 
The Director of Utilities may, on his/her own motion, investigate or make inquiry in a manner to be determined by him/her, as to any condition affecting the POTW and as to any alleged act or omission or failure to comply with any provision of Part 2 of these rules and regulations and any permit, order or determination issued thereunder.
B. 
Whenever it shall appear to the Director of Utilities, after investigation, that there has been a violation of any of the provisions of these rules and regulations or any permit issued thereunder, he/she shall give written notice to the alleged violator or violators setting forth any thing or act done or omitted or claimed to be in violation of any such provisions and requiring that the matters complained of be corrected, or that the alleged violator appear in person or by attorney before the Board or its duly designated representative, at the time and place in said notice specified and answer the charges complained of.
C. 
At least 15 days' notice of such hearing shall be given.
D. 
Upon the return day of such notice, the person so notified shall file with the Board a statement setting forth the position of the person so notified; the answer, if any, to the charges made against him; the methods, practices and procedures, if any, which are being taken to correct each alleged violation; and any other defenses or information pertinent to the case, including the economic impact of any proposed Board action. Pertinent and relevant testimony of witnesses shall be received in support of or opposition to said statement. Failure to file a statement shall be treated as a default in appearance.
E. 
Following a hearing and after due consideration of the written and oral statements, and testimony and arguments filed pursuant to Subsection D above, or on default in appearance on said return day, the Board may issue and enter such final order or make such final determination as it deems appropriate under the circumstances and shall notify such person or persons thereof, in writing, personally or by registered mail, within 20 days after completion of the hearing. Where a person appears by attorney, service by mail upon the person's attorney shall be sufficient.
F. 
The Board may issue subpoenas and administer oaths in connection with any hearing or investigation under or pursuant to the provisions of this article, and it shall be the duty of the Board to issue subpoenas at the request of and upon behalf of the respondent.
G. 
The Board shall not be bound by laws of evidence in the conduct of hearing proceedings, but the determination shall be founded upon sufficient legal evidence to sustain it.
H. 
Notice of hearing shall be served at least 15 days prior to the date of the hearing, provided that whenever, because of danger to the public health, safety or welfare, it appears prejudicial to the public interest to delay action for 15 days, the Board may serve the respondent with an order requiring certain action or the cessation of certain activities immediately or within a specified period of less than 15 days, and the Board shall provide an opportunity to be heard within 15 days after the date the order is served.
I. 
Service of notice of hearing or order shall be made by personal service or by registered or certified mail. Where service, whether by personal service or by registered or certified mail, is made upon an infant, incompetent, partnership, corporation, governmental subdivision, board or commission, it shall be made upon the person or persons designated to receive personal service by Article 3 of the Civil Practice Law and Rules.
J. 
The Board's Attorney may prefer charges, attend hearings, present the facts and take any and all proceedings in connection therewith.
K. 
At a hearing, the respondent may appear personally, shall have the right of counsel and may cross-examine witnesses against him and produce evidence and witnesses in his behalf.
L. 
A record, or summary thereof, of the proceedings of said hearings shall be made and filed with the Board. If requested to do so by any interested party concerned with said hearing, full stenographic notes of the testimony presented at said hearing shall be taken and filed. The stenographer shall furnish a certified transcript of the record to any party requesting and paying for the same.
M. 
Unless precluded by law, disposition may be made of any hearing by stipulation, agreed settlement, consent order, default or other informal method. Within 10 days of the notice specified in Subsection B, the user may request a prehearing conference with the Board's representative for an informal disposition of any or all charges.
N. 
Upon request made by any party upon the Board within a reasonable time, but prior to the time for commencement of judicial review, of its giving notice of its decision, determination, opinion or order, the Board shall prepare the record, together with any transcript of proceedings, within a reasonable time and shall furnish a copy of the record and transcript or any part thereof to any party as he may request. Except when any law provides otherwise, the Board is authorized to charge not more than its cost for the preparation and furnishings of such record or transcript, or any part thereof, or the rate specified in the contract between the Board and a contractor if prepared by a private contractor.
O. 
Upon application of any affected user, the Board may modify or amend any determination after a hearing.
A. 
The Board, prior to the adoption, amendment or repeal of any rule or regulation, shall:
(1) 
Publish notice at least 10 days prior to the intended action. Notice shall include a statement of either the terms or substance of the intended action or a description of subjects and issues involved and the time, place and manner in which interested persons may present their views.
(2) 
Afford all interested parties reasonable opportunity to submit data, views or arguments orally or in writing. Reasons for adoption and refusal of the proposed rule, as well as the decision of the Board, shall be recorded and available for public inspection.
B. 
The rule or regulation, or amendment or repeal thereof, shall be effective 10 days after approval, except if the rule is adopted under the emergency procedures of Subsection C, then it shall be effective upon adoption by the Board.
C. 
If the Board determines that emergency action is required, the Board may waive the provisions of Subsection A above and proceed to adopt an emergency rule. The emergency rule shall be effective for a period not exceeding 120 days unless it is readopted in accordance with Subsection A above.
The Board shall compile, index and publish all effective rules and regulations. The compilation shall be supplemented as often as necessary.
No person shall knowingly make any false statements or representations in any application, report or other document required to be filed pursuant to any provision of these rules and regulations.
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.