Whenever the Town Board finds that any user has violated or
is violating this Part 2 or any wastewater discharge permit, order,
prohibition, limitation, or requirement permitted by this Part 2,
the Town Board shall cause that such user be served a written notice
stating the nature of the violation. Within 10 calendar days of the
date that the notice has been served, the violation shall be abated
and an explanation of the violation and a plan for the satisfactory
correction and prevention thereof shall be submitted to the Town Board,
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 Town Board 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.
A.
When the Town Board finds that a user continues to violate this Part
2 or a permit or administrative order issued hereunder, the Town Board
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 Town Board to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Town Board by registered
mail or personal delivery to the Town Clerk.
A.
When the Town Board finds that a user has violated or continues to
violate this Part 2 or any permit or administrative order issued hereunder,
the Superintendent 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 of the service
of such order, petition the Town Board to modify or suspend the order.
Such petition shall be in written form and shall be transmitted to
the Town Board by personal delivery to the Town Clerk or by registered
mail.
A.
Any user who violates the following conditions of this Part 2 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 or conditions of an administrative
order;
(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; or
(5)
Failure to pay fines, fees or user charges.
B.
The user may, within 15 calendar days of the date the Town Board
mails such notification, petition the Town Board to permit the continued
use of the POTW by the user. Such petition shall be in written form
and shall be transmitted to the Town Board by registered mail or by
personal delivery to Town Clerk.
A.
The Town Board may order any user appealing administrative remedies
for violations of this Part 2 to show cause, before the Town Board,
why an enforcement action 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 Town Board regarding the violation, the reasons why the action
is to be taken, the proposed enforcement action, and directing the
user to show cause before the Town Board why the proposed enforcement
action should not be taken. The notice of the hearing shall be served
at least five calendar days before the hearing.
B.
After the Town Board has reviewed the evidence and testimony, it
may order the user to comply with the order or fine, modify the order
or fine, or vacate the order or fine.
In the event the Town Board 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 Town Board, 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 Town Board shall desire or be required to give pursuant to any sections of this Part 2 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 Part 2 shall be mailed to the user where the User's effluent is discharged into transmission lines to the POTW. Any notice, petition, or other communication mailed to the Town Board shall be addressed and mailed to the Town Hall or personally delivered to the Town Clerk.
The Town Board shall have the right, within the its sole discretion,
to utilize any one or more appropriate administrative remedies set
forth in this article.
A.
Any person who violates any of the provisions of or who fails to perform any duty imposed by this Part 2, or any administrative order or determination of the Town Board promulgated under this Part 2, or the terms of any permit issued hereunder, shall be liable to the Town for a civil penalty not to exceed $500 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 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 Town Attorney, or his designated attorney, at the request of the Town Board in the name of the Town, in any appropriate court of competent jurisdiction. In addition to the above-described penalty, the Town Board may recover all damages incurred by the Town from any persons or users who violate any provisions of this Part 2, or who fail to perform any duties imposed by this Part 2 or any administrative order or determination of the Town Board promulgated under this Part 2, or the terms of any permit issued hereunder. In addition to the above-described damages, the Town Board may recover all reasonable attorney's fees incurred by the Town in enforcing the provisions of this article, including reasonable attorney's fees incurred in any action to recover penalties and damages, and the Town Board 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,
corrective actions by the user and any other relative factors as justice
may require.
C.
Such civil penalty may be released or compromised by the Town Board
before the matter has been referred to the Town Attorney, and where
such matter has been referred to the Town Attorney, any such penalty
may be released or compromised and any action commenced to recover
the same may be settled and discontinued by the Town Attorney, with
the consent of the Town Board.
A.
Any person who willfully violates any provision of this Part 2 or any final determination or administrative order of the Town Board made in accordance with this article shall be guilty of a violation, to be prosecuted in the same manner as a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $500 nor more than $1,000. 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.
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 Part 2 or permit or order issued hereunder, the Town Board,
through counsel, may petition the court, in the name of the Town,
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 hereunder by the Town
Board.
Notwithstanding any inconsistent provisions of this Part 2, whenever the Town Board finds, after investigation, that any user is causing, engaging in, or maintaining a condition or activity which, in the judgment of the Town Board, 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 Town Board 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 Town Board may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 calendar days, the Town Board shall provide the user an opportunity to be heard, in accordance with the provisions of this article.
If there shall be any payments which are due to the Town, pursuant to any article or section of this Part 2, which shall remain due and unpaid, in whole or in part, for a period of 60 calendar days from the date of billing by the Town, the same shall constitute a default. Interest and penalties shall accrue on the unpaid balance in the same manner and amounts as applicable to property tax collection. The Town Tax Collector shall report the names of the defaulting persons to the Town Board and County Tax Collector in the same manner as real property taxes due and owing to the Town are reported.
