A. 
Notification of discharge.
(1) 
To enable countermeasures to be taken by the agency to minimize damage to the community sewage treatment facility, the treatment processes and the receiving waters, users shall notify the agency immediately upon discharging wastes in violation of limitations contained in this chapter due to:
(a) 
Breakdown of pretreatment equipment.
(b) 
Accidents caused by human error or negligence or mechanical failure.
(c) 
Other causes, such as acts of nature.
(2) 
The Administrator shall be notified with five days of the date of occurrence by a detailed written statement describing the causes of the discharge and the measures being taken to prevent future occurrences. Such notification will not relieve users of liability for any expense, loss or damage to the sewer system, treatment facility or treatment process or for any fines imposed on the Department on account thereof under Section 309 of the Federal Act.
B. 
Notice to employees. In order that employees of the users be informed of agency requirements, users shall make available to their employees copies of this chapter together with such other wastewater information and notices which may be furnished by the Department from time to time directed toward some effective water pollution control. A notice shall be furnished and permanently posted on the user's bulletin board advising employees, whom to call in case of an accidental discharge in violation of this chapter.
A. 
The Administrator shall prepare an enforcement response plan (ERP). The ERP shall, in a step-by-step fashion, outline the procedures to be followed to identify, document and respond to all 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 Administrator will investigate instances of noncompliance;
(2) 
Describe the types of escalated enforcement actions that the Administrator 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 POTW'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 be based on the nature and severity of the violation and other relevant factors such as listed below and shall promote consistent and timely use of enforcement remedies. The wastewater treatment plant shall approve the ERP. The ERP shall be reviewed at least every five years.
(1) 
Magnitude of the violation.
(2) 
Duration of the violation.
(3) 
Effect of the violation on the receiving water.
(4) 
Effect of the violation on the POTW.
(5) 
Effect of the violation on the health and safety of the POTW employees.
(6) 
Compliance history of the user.
(7) 
Good faith of the user.
A. 
Notification of violation. Whenever the Administrator finds that any user has violated or is violating this chapter or any other wastewater discharge permit, order, prohibition, limitation or requirement permitted by this chapter, the Administrator may serve upon such person a written notice stating the nature of the violation. Within 10 calendar days of the date that the Administrator mails the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof shall be submitted to the Administrator 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.
B. 
Consent orders. The Administrator is 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.
C. 
Administrative or compliance orders. When the Administrator finds that a user has violated or continues to violate this chapter or a permit or administrative order issued hereunder, they 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 there is no recurrence 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. The user may, within 15 calendar days of receipt of such order, petition the administrator to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Administrator by registered mail. The Administrator shall then:
(1) 
Reject any frivolous petition;
(2) 
Modify or suspend the order; or
(3) 
Order the petitioner to show cause in accordance with § 289-44H and may as part of the show-cause notice request the user to supply additional information.
D. 
Administrative fines.
(1) 
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, unless such violation causes the City to be subject to a fine by a county, state or federal regulatory agency, in which case the fine levied against the City shall in turn be levied against the violating user. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation.
(2) 
The user may, within 15 calendar days of notification of the Administrator's notice of such fine, petition the Administrator to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Administrator by registered mail. The Superintendent shall then:
(a) 
Reject any frivolous petitions;
(b) 
Modify or suspend the fine; or
(c) 
Order the petitioner to show cause in accordance with § 289-44H and may as part of the show-cause notice request the user to supply additional information.
E. 
Cease-and-desist orders.
(1) 
When the Administrator finds that a user has violated or continues to violate this chapter or any permit or administrative order issued hereunder, the Administrator may issue an administrative order to cease and desist all such violations and direct those persons in noncompliance to:
(a) 
Comply forthwith.
(b) 
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.
(2) 
The user may, within 15 calendar days of the date the Administrator mails notification of such order, petition the Administrator to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Administrator by registered mail. The Administrator shall then:
(a) 
Reject any frivolous petitions;
(b) 
Modify or suspend the order; or
(c) 
Order the petitioner to show cause in accordance with § 289-44H and may as part of the show-cause notice request the user to supply additional information.
F. 
Termination of permit.
(1) 
Any user who violates the following conditions of this chapter or a wastewater discharge permit or administrative order, or any applicable or state and federal law, is subject to permit termination:
(a) 
Violation of permit conditions.
(b) 
Failure to accurately report the wastewater constituents and characteristics of its discharge.
(c) 
Failure to report significant changes in operations or wastewater constituents and characteristics.
(d) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.
(2) 
Noncompliant industrial users will be notified, by registered mail, of the proposed termination of their wastewater permit.
(3) 
The user may, within 15 calendar days of the date the Administrator mails such notification, petition the Administrator to permit continued use of the POTW by the user. Such petition shall be in written form and shall be transmitted to the Administrator by registered mail. The Superintendent shall then:
(a) 
Reject any frivolous petitions.
(b) 
Order the petitioner to show cause in accordance with § 289-44H and may as part of the show-cause notice request the user to supply additional information.
G. 
Water supply severance.
(1) 
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.
(2) 
The user may, within 15 calendar days of severance, petition the Administrator to reconnect water supply service. Such petition shall be in written form and shall be transmitted to the Administrator by registered mail. The Administrator shall then:
(a) 
Reject any frivolous petitions;
(b) 
Reconnect the water supply; or
(c) 
Order the petitioner to show cause in accordance with § 289-44H and may as part of the show-cause notice request the user to supply additional information.
H. 
Show-cause hearing.
(1) 
The Administrator may order any user appealing administrative remedies for violations of this chapter to show cause, before the City's Common Council, why an enforcement action initiated by the Administrator 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 Common Council 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 Common Council 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. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment.
(2) 
The Common Council may itself conduct the hearing or may designate any of its members or any officer or employee of the POTW to conduct the hearing as well as:
(a) 
Issue, in the name of the Common Council, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearings.
(b) 
Take the evidence.
(c) 
Take sworn testimony.
(d) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Common Council for action thereon.
(3) 
After the Common Council has reviewed the evidence and testimony, it may order the user to comply with the Administrator's order or fine, modify the Administrator's order or fine or vacate the Administrator's order or fine.
I. 
Failure of user to petition the Administrator. In the event that the Administrator 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 Superintendent, 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.
J. 
Service of notices or orders. The notices, orders, petitions or other notification which the user or Administrator 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 City of Cortland's POTW. Any notice, petition or other communication mailed to the Administrator shall be addressed and mailed to the wastewater treatment plant.
K. 
Right to choose multiple remedies. The Administrator shall have the right, within the Administrator's sole discretion, to utilize any one or more appropriate administrative remedies set forth in this section. The Administrator may utilize more than one administrative remedy established pursuant to this article, and the Administrator may hold one show-cause hearing combining more than one enforcement action.
A. 
Civil actions for penalties. 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 Administrator promulgated under this chapter, or the terms of any permit issued hereunder, shall be liable to the City of Cortland 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 section. Each violation shall be a separate and distinct violation, and, in the case of 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 City of Cortland's attorney, or their designated attorney, at the request of the Administrator in the name of the City of Cortland, in any court of competent jurisdiction giving preference to courts local to the City of Cortland.
(1) 
In addition to the above-described penalty, the Administrator may recover all damages incurred by the City of Cortland 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 Administrator promulgated under this chapter, or the terms of any permit issued hereunder.
(2) 
In addition to the above-described damages, the Administrator may recover all reasonable attorney's fees incurred by the City of Cortland in enforcing the provisions of this section, including reasonable attorney's fees incurred in any action to recover penalties and damages, and the Administrator may also recover court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(3) 
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.
(4) 
Such civil penalty may be released or compromised by the Administrator before the matter has been referred to the City of Cortland's Attorney, and where such matter has been referred to the City's Attorney, any such penalty may be released or compromised, and any action commenced to recover the same may be settled and discontinued by the City's Attorney, with the consent of the Administrator.
B. 
Court orders.
(1) 
In addition to the power to assess penalties as set forth in this section, the Administrator shall have the power, following the hearing held in conformance with the procedures set forth in this article, to seek an order:
(a) 
Suspending, revoking or modifying the violator's wastewater discharge permit; or
(b) 
Enjoining the violator from continuing the violation.
(2) 
Any such court order shall be sought in an action brought by the City of Cortland's Attorney, at the request of the Administrator, in the name of the City of Cortland, in any court of competent jurisdiction giving precedence to courts local to the City of Cortland.
(3) 
The City of Cortland's Attorney, at the request of the Administrator, shall petition the Court to impose, assess and recover such sums imposed according to this section. 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.
C. 
Criminal penalties. Any person who willfully violates any provision of this chapter or any final determination or administrative order of the Administrator made in accordance with this 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 $5,000 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.
(1) 
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.
(2) 
No prosecution under this section shall be instituted until after final disposition of a show-cause hearing, if any, was instituted.
D. 
Additional injunctive relief. Whenever a user has violated or continues to violate the provisions of this chapter or permit or order issued hereunder, the Administrator, through counsel, may petition the Court in the name of the City of Cortland 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 Superintendent.
E. 
Summary abatement. Notwithstanding any inconsistent provisions of this chapter, whenever the Administrator finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in the judgment of the Administrator, 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 Administrator 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 Administrator may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 calendar days, the Administrator shall provide the user an opportunity to be heard, in accordance with the provisions of this section.
(1) 
If the user is not within the geographic boundaries of the City of Cortland, the right of summary abatement to discontinue, abate or alleviate conditions or activities shall be those prescribed in the intermunicipal agreement.
(2) 
The Administrator, acting upon the belief that an emergency exists, shall be indemnified against any personal liability that may arise in the performance of their duties to protect the public health, safety or welfare or to preserve the POTW or the environment.
A. 
Performance bonds. The Administrator 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 Administrator to be necessary to achieve consistent compliance.
B. 
Liability insurance. The Administrator 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.
C. 
Informant rewards. The Administrator 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 Administrator is authorized to disperse up to 10 percent of the collected fine or penalty to the informant. However, a single reward payment may not exceed $10,000, including the discovery reward.
D. 
Public notification. The Superintendent shall provide public notification, in the daily newspaper with the largest circulation in the City of Cortland, of users which were in significant noncompliance of local or federal pretreatment standards or requirements since the last such notice. The frequency of such notices shall be at least once per year.
E. 
Contractor listings.
(1) 
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 City of Cortland.
(2) 
Existing contracts for the sale of goods or services to the City of Cortland held by a user found to be in significant violation with pretreatment standards may be terminated at the discretion of the City of Cortland Common Council.
Any person who knowingly makes any false statements, representations, record, report, plan or other document files with the agency or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter is hereby declared in violation of this chapter and subject to the penalties for violation in this Article VI.
All measurements, tests and analyses of the constituents and characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest editions of Standard Methods for the Examination of Water and Wastewater and the Methods for Chemical Analysis of Water and Waste and the latest version of 40 CFR Part 136, Analysis of Pollutants.