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Town of Bethlehem, NY
Albany County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
Any person who shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, apparatus or equipment which is part of the POTW shall be deemed to have violated this chapter. Any person who commits or permits any acts in violation of any of the provisions of this chapter shall be deemed to have committed an offense against such chapter and shall be liable for the penalties provided. A separate offense against this chapter shall be deemed committed on each day during or on which a violation occurs or continues. A separate penalty may be imposed for each separate offense.
A. 
The response to violations of this chapter, inclusive of special conditions or requirements that may be established in industrial discharge permits, shall be consistent with the Town's Enforcement Response Plan. The Enforcement Response Plan, in a step-by-step fashion, outlines the procedures to be followed to identify, document, and respond to 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:
(1) 
Describes how the Commissioner will investigate instances of noncompliance.
(2) 
Describes the types of escalated enforcement actions that the Commissioner 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 reflects the Town Board's responsibility to enforce all applicable standards and requirements.
C. 
The Enforcement Response Plan contains:
(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 promote consistent and timely use of enforcement remedies and shall be based on the nature and severity of the violation and other relevant factors, such as:
(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.
E. 
The Enforcement Response Plan shall be approved by the Town Board and shall be reviewed and updated as needed, but at a minimum frequency of once every five years.