The Town Board may suspend a WSPDES permit when such suspension
is necessary in the opinion of the Town Board in order to stop a discharge
which presents a hazard to the public health, safety or welfare, to
the environment or to the POTW's sewerage system or which causes
the POTW treatment plant to violate any condition of its NPDES/SPDES
permit. Any discharger notified of a suspension of his WSPDES permit
shall immediately stop the discharge of all industrial wastewater
to the Town sewerage system. The Town Board shall reinstate the WSPDES
permit upon written proof of satisfactory compliance with all discharge
requirements of this chapter.
User representatives providing information and data as required
for any application, record, report, plan or other document required
by these regulations shall be subject to the provisions of 18 U.S.C.
§ 1001 relating to fraud and false statements and the provisions
of Section 309(c)(2) of the Clean Water Act governing false statements,
representations or certifications.
If any user discharges into the Town's facilities in a
manner which violates any provision of this chapter, federal or state
pretreatment requirements or any orders of the Town, the Town Attorney
may initiate an action to seek injunctive relief.
Nothing contained herein shall prevent the Town Board, either
alone or in conjunction with the foregoing penalties, from maintaining
an action or proceeding in the name of the Town of West Seneca in
any court of competent New York State jurisdiction to compel compliance
with or to restrain by injunction the violation of any provision of
this chapter.
No person shall knowingly, willfully or maliciously break, damage,
destroy, uncover, deface or tamper with any structure, appurtenance
or equipment which is part of the municipal sewage works. Any person
violating this provision shall be guilty of an offense against this
chapter and shall be subject to a fine in an amount not to exceed
$100 or imprisonment for 30 days, or both said fine and imprisonment.
Sewer or sewerage maintenance expenses which result from a user
violation of any of the prohibited or limited discharge requirements
in this chapter will be charged to the user in violation. Such maintenance
may include but not be limited to stoppage, plugging, breakage, any
reduction in sewer capacity or any other damage to sewers or sewerage
facilities of the POTW. The costs charged to the user in violation
may include the costs and expenses for complete restoration of the
impaired facilities to a functional condition. Refusal of the user
in violation to pay the necessary maintenance expenses resulting from
such violation shall constitute further violation of this chapter
subject to a fine as defined in this article.
Any industrial wastewater discharger who discharges, or causes
the discharge of, prohibited wastewaters which cause damage to the
POTW facilities, detrimental effects or treatment processes or any
other damages, resulting in costs to the POTW, shall be liable for
all damages occasioned thereby.
At such time as a public sanitary sewer is or becomes available
to a property served by a private sewage disposal system, a direct
connection shall be made to the public sewer in compliance with this
chapter. The property owner shall apply for a connection permit and,
upon issuance thereof, shall make such direct connection at his expense.
The property owner shall be notified, in writing, by the Code Enforcement
Officer or his designee of such availability of a public sanitary
sewer and to make the connection thereto and shall proceed to make
such approved connection within a period of 60 days from the date
of such notification. Failure to make such required connection within
the time specified shall constitute a violation of this chapter and
shall subject the violator to such penalties, charges or assessments
as established herein.
Unpaid sewer penalties, charges or assessments may become a
lien upon the real property upon which the violation has been duly
determined to exist. Interest shall be due and payable in the same
manner as other taxes.
If a violator fails to correct a violation after due notice, as provided in §
97-40, and the Town Board deems it necessary that the violation be corrected, it may cause the violation to be corrected, and the amount of the cost of correcting said violation shall be spread upon the tax rolls of the property which is the subject of said violation.
Nothing in this article shall be construed to limit the right
of the Town Board to enforce, or avail itself of the benefits of,
any and all other applicable laws and ordinances.