Whenever the Director of Public Works finds that any user has
violated or is violating this chapter or any wastewater discharge
permit, order, prohibition, limitation, or requirement permitted by
this chapter, the Director of Public Works may serve upon such person
a written notice stating the nature of the violation. Within 10 calendar
days of the date the Director of Public Works mails the notice, an
explanation of the violation and a plan for the satisfactory correction
and prevention thereof shall be submitted to the Director of Public
Works 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 Director of Public Works is hereby 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.
In the event the Director of Public Works 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 Director of Public Works, 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 Director of Public Works 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 Village's POTW. Any notice, petition,
or other communication mailed to the Director of Public Works shall
be addressed and mailed to the Village of Penn Yan Offices.
The Director of Public Works shall have the right, within the
Director of Public Work's sole discretion, to utilize any one
or more appropriate administrative remedies set forth in this article.
The Director of Public Works may utilize more than one administrative
remedy established pursuant to this article, and the Director of Public
Works may hold one show-cause hearing combining more than one enforcement
action.
Whenever a user has violated or continues to violate the provisions
of this chapter or permit or order issued hereunder, the Director
of Public Works through counsel may petition the Court, in the name
of the Village, 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 Director of Public Works.
The Director of Public Works may decline to reissue a permit
to any user who 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 Director of Public Works
to be necessary to achieve consistent compliance.
The Director of Public Works may decline to reissue a permit
to any user who 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.
The Director of Public Works is authorized to pay for information
leading to the discovery of noncompliance by a user in accordance
with the Village of Penn Yan fee schedule. In the event that the information
provided results in an administrative fine or civil penalty levied
against the user, the Director of Public Works is authorized to disperse
up to 10% of the collected fine or penalty to the informant.
The Director of Public Works shall provide public notification,
in the daily or weekly newspaper with the largest circulation in the
Village, 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.