[Amended 12-13-2011 by L.L. No. 9-2011]
A. 
In the event of any actual or threatened noncompliance with the terms of this Part 2 or any actual or threatened endangerment of the health or welfare of persons, wildlife species, vegetation or the environment, the Board may act according to the terms of this article. The various enforcement techniques and sanctions set forth in this article are not mutually exclusive, and the Board may pursue all, one or any combination of the powers in this article.
B. 
An industrial user is in significant noncompliance if its violation meets one or more of the following criteria:
(1) 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all of the measurements taken during a six-month period exceed (by any magnitude) as a numeric pretreatment standard or requirement, including instantaneous limits as defined by 40 CFR 403.3(i);
[Amended 8-23-2016 by L.L. No. 2-2016]
(2) 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all the measurements taken for the same pretreatment parameter during a six-month period equal or exceed the product of the numeric pretreatment standard or requirement, including instantaneous limits as defined by 40 CFR 403.3(i) multiplied by applicable TRC (TRC equals 1.4 for BOD, TSS, fats, oil and grease and 1.2 for all other pollutants except pH);
[Amended 8-23-2016 by L.L. No. 2-2016]
(3) 
Any other violation of a pretreatment standard or requirement as defined by 40 CFR 403.3(i) (daily maximum, long-term average, instantaneous limit, or narrative standard) that the POTW determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of the POTW personnel or the general public);
[Amended 8-23-2016 by L.L. No. 2-2016]
(4) 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under § 177-82, to halt or prevent such a discharge;
(5) 
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction, or attaining final compliance;
[Amended 8-23-2016 by L.L. No. 2-2016]
(6) 
Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedule;
(7) 
Failure to accurately report noncompliance;
(8) 
Any other violation or group of violations, which may include a violation of best management practices, that the Superintendent determines will adversely affect the operation or implementation of the local pretreatment program.
[Amended 8-23-2016 by L.L. No. 2-2016]
The Board shall have the power to bring an action to enjoin the industrial user from continuing a violation(s) of this Part 2. The Board may pursue preliminary injunctive relief, such as a temporary restraining order and preliminary injunction, prior to the seeking of a permanent injunction against the violator(s).
A. 
Any industrial user that meets the terms of § 177-79 shall remit to the Board the amount necessary to reimburse the Board for the costs to the Board of repairs necessitated by the act(s) of noncompliance; the costs to the Board, if any, of correcting the noncompliance; the costs to the Board of monitoring, sampling and analysis to assure the noncompliance has been corrected; the costs of any claims against the Board arising out of the noncompliance, including but not limited to attorney's fees required to defend against such claims; and other costs which were or will be incurred by the Board as a result of the noncompliance, including but not limited to attorney's fees incurred by the Board as a result of the industrial user's violation of § 177-79.
B. 
If an industrial user refuses to remit said amount to the Board upon the Board's billing the industrial user therefor, the Board may institute and maintain a civil action against the industrial user for said amount.
C. 
In the event that an action is taken under Subsection B of this section, the noncomplying industrial user shall be liable for all costs and expenses of the Board in prosecuting such action, including but not limited to attorney's fees required to enforce the terms of this section.
A. 
The Board shall have the power to suspend, for a period of time set by the Board, or revoke permanently the industrial wastewater discharge permit of a violating industrial user.
B. 
During the periods of time for which an industrial user's permit is suspended and subsequent to revocation of a permit, that industrial user shall not contribute any wastes to the city's sewer system.
C. 
During the period of suspension or revocation and during the period of time from the discovery of a violation to the rendering of a decision by the Board subsequent to a hearing on that issue, the Board may execute any documents, retain any security or take any other measures as it deems necessary, including immediate physical severance or blocking of the industrial user's connection to the sewer system, to prevent or minimize, if prevention is impossible, the act(s) of noncompliance which led to the suspension or revocation of the permit or to the hearing thereon or which would constitute a violation of the terms of this Part 2.
D. 
The Board shall notify the industrial user of its intent to suspend or revoke its industrial wastewater discharge permit, the reasons for that proposed action and a date of a hearing to decide whether such action shall be taken. Said hearing shall be held not sooner than five and not later than 10 business days, excluding legal holidays, subsequent to the date of mailing of the notice to the industrial user. At that hearing, the industrial user may present any information to rebut the proposed action by the Board. The Board shall render a decision within five business days from the date of said hearing.
E. 
In the event of an actual or threatened noncomplying discharge which is or would be so serious that immediate suspension or revocation of the permit is deemed necessary in the opinion of the Board or Superintendent, the Board or Superintendent may act in accordance with the powers set forth in Subsection C of this section to prevent such actual or threatened discharge prior to a hearing on the issue. However, in such a case a preliminary hearing shall be held within two days of said action, if the industrial user so requests, at which the industrial user may submit evidence contesting the necessity of the action and its continued effects. A full hearing shall be held not sooner than five and not later than 10 business days from the date of the suspension or revocation by the Board or Superintendent, at which the determination on the matter shall be rendered by the Board within five business days after the date of the final hearing.
F. 
At any hearing held pursuant to this section, testimony taken shall be under oath and recorded stenographically. The transcript so recorded shall be made available to any member of the public or any party to the hearing upon payment of the usual charges therefor.
G. 
In reaching a decision on the suspension or revocation of a permit, the Board shall consider all factors it deems relevant to the issue. However, the factors of paramount importance to be given priority in the Board's consideration of the matter shall be the protection of the structural, biological and engineering integrity of the POTW and appurtenant facilities, the prevention of the pass-through of untreated pollutants through the POTW and into the environment in violation of any applicable federal, state or local standards and the prevention of violation of the POTW's SPDES permit.
H. 
During the period between the discovery of a violation and the rendering of a final decision of the Board, the Board may, as it deems necessary, pursue any procedures authorized under this article in order to prevent any damage to the structural, biological and engineering integrity of the POTW and appurtenant facilities, the pass-through of untreated pollutants through the POTW and into the environment in violation of any applicable federal, state or local standard or the violation of the POTW's SPDES permit.
I. 
At any time, due to the discovery of new information, the Board may alter its final or temporary order to adapt to the situation in light of the new information.
J. 
In the event of a cessation service due to a violation of this Part 2, the industrial user shall pay all costs involved in restoring service once the violation is corrected and written proof of such correction has been submitted to and accepted by the Board and Superintendent.
A. 
Any user who is found to have violated an order of the Board or who willfully or negligently fails to comply with any provision of this Part 2 or the orders, rules or permits issued hereunder shall be fined not less than $100 nor more than $5,000 for each offense.
B. 
Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
C. 
The specific fine to be levied in a particular situation shall be determined by the Board after a review of the facts of the case.
D. 
In the event of a continuing violation, the Board may, if it deems appropriate, modify its prior penalty as it deems appropriate, at any time.
A. 
Any person who knowingly makes any false statements, representations or certifications in any application, record, reports, plan or other document filed or required to be maintained pursuant to this Part 2 or its industrial wastewater discharge permit or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method established pursuant to this Part 2 or who knowingly violated any of the terms of this Part 2 shall be subject to a criminal action in the City Court of the City of Glens Falls and shall, upon conviction, be subject to a fine of not more than $5,000 or imprisonment for not more than six months, or both.
B. 
The penalties set forth in Subsection A of this section shall be enforceable against any officers or agents of an industrial user with knowledge of the facts delineated in said Subsection A.
C. 
The act referred to in Subsection A shall constitute a Class A misdemeanor.