A. 
The Joint Sewer Board shall have administrative jurisdiction to implement, effectuate and enforce on behalf of the town, all requirements necessary to ensure compliance with the terms and conditions of the state pollutant discharge elimination system permit issued for the Gloversville-Johnstown wastewater treatment facility.
B. 
In addition to any other powers conferred upon it, the Joint Sewer Board may:
(1) 
From time to time adopt, amend or cancel administrative rules and regulations not inconsistent with the provisions of this chapter, governing the procedure to be followed with respect to hearings, the filing of reports, the issuance of permits and all other procedural matters relating to the use of any public sewer served by the Gloversville-Johnstown wastewater treatment facility. Such rules and regulations, before becoming effective, shall be filed with the Town Clerk and shall be duly published.
(2) 
Appoint officers and employees of the Board and delegate to and allocate among them administrative functions, powers and duties.
(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 including the suspension, modification or revocation of a discharge permit in accordance with § 59-30.
(4) 
Make, modify or cancel orders requiring the discontinuance of the discharge of sewage, industrial waste or other wastes into any city and/or town sewer served by the Gloversville-Johnstown wastewater treatment facility and specifying the conditions and time within which such discontinuance must be accomplished.
(5) 
Institute or cause to be instituted in a court of competent jurisdiction proceedings to compel compliance with the provisions of this chapter 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 sewage, industrial waste or other wastes into any sewer.
(7) 
Revoke or modify any wastewater discharge permit issued under the provisions of this chapter whenever, after hearing thereon, the Board determines that such revocation or modification is necessary or desirable to comply with the intent and purpose of this chapter; provided, however, that the hearing required under this section may be waived in writing by the mutual agreement of the Board and the applicant or permittee.
(8) 
Conduct such investigations as may be deemed advisable and necessary to carry out the intent and purposes of this chapter.
(9) 
Settle or compromise, with the approval of a Joint Sewer Board Attorney, any action or cause of action for the recovery of a penalty under the provisions of this chapter as it may deem advantageous.
(10) 
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 chapter.
A. 
The Board may, on its own motion, investigate or make inquiry in a manner to be determined by it, as to any condition affecting the treatment plant and as to any alleged act or omission or failure to comply with any provision of this chapter and any permit, order or determination issued thereunder.
B. 
Whenever it shall appear to the Board, after investigation, that there has been violation of any of the provisions of this chapter or any permit issued thereunder, it shall give written notice to the alleged violator or violators setting forth any thing or act done or omitted to be done or claimed to be in violation of any such provisions and requiring that the matters complained of be corrected and 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 written statement setting forth the position of the persons 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. 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 writing and oral statements and testimony and arguments filed pursuant to Subsection D above, or on default in appearance on said return date, the Board shall issue a 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 hearing. Where a person appears by attorney, service by mail upon the person's attorney shall be sufficient.
A. 
Duties and powers of Board.
(1) 
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.
(2) 
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.
B. 
Service of notice.
(1) 
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 proceed in accordance with § 59-54F.
(2) 
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.
C. 
Power of Board's attorney. The Board's attorney may prefer charges, attend hearings, present the facts and take any and all proceedings in connection therewith.
D. 
Rights of respondent. 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.
E. 
Records and transcripts on file. 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 party, full stenographic notes of the testimony presented at said hearing shall be taken and filed. The stenographer shall, upon the payment of his fees allowed by law therefor, furnish a certified transcript of the whole or any part of his notes to any party requiring the same.
F. 
Informational disposition. 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 § 59-43B, the user may request a prehearing conference with the Board for an informal disposition of any or all charges.
G. 
Copies available. At any reasonable time prior to the time limit for commencement of judicial review of any decision or determination of the Board, a party may request that the Board furnish him with a copy of the record and transcript of the proceedings or any part thereof. 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 of the rate specified in the contract between the Board and a contractor if prepared by a private contractor. The Board may require that any request for a record or transcript be accompanied by an advance payment of fees and charges.