A.Â
The district operator shall prepare an enforcement response plan.
The enforcement response plan, in a step-by-step fashion, shall outline
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.Â
The enforcement response plan shall:
(1)Â
Describe how the district operator will investigate instances
of noncompliance.
(2)Â
Describe the types of escalated enforcement actions that the
district operator 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)Â
Adequately reflect the Town Board's responsibility to enforce
all applicable standards and requirements.
C.Â
The enforcement response plan shall contain:
(1)Â
Criteria for scheduling periodic inspection and/or sampling
visits to POTW users.
(2)Â
Forms and guidelines for documenting compliance data in a manner
which will enable the information to be used as evidence.
(3)Â
Systems to track due dates, compliance schedule milestones,
and pending enforcement actions.
(4)Â
Criteria, responsible personnel, and procedures to select and
initiate an enforcement action.
D.Â
The range of appropriate enforcement actions shall be based on the
nature and severity of the violation and other relevant factors, such
as magnitude of the violation, duration of the violation, effect of
the violation on the receiving water, effect of the violation on the
POTW, effect of the violation on the health and safety of the POTW
employees, compliance history of the user, and the good faith of the
user, and shall promote consistent and timely use of enforcement remedies.
E.Â
The Town Board shall approve the enforcement response plan. The enforcement
response plan shall be reviewed at least every five years.
A.Â
Notification of violation. Whenever the district operator finds that
any user has violated or is violating this article, or any wastewater
discharge permit, order, prohibition, limitation, or requirement permitted
by this article, the district operator may serve upon such person
a written notice stating the nature of the violation. Within 10 calendar
days of the date the district operator mails the notice, an explanation
of the violation and a plan for the satisfactory correction and prevention
thereof shall be submitted to the district operator, 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.
B.Â
Consent orders. The district operator 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.
C.Â
Administrative or compliance orders.
(1)Â
When the district operator finds that a user has violated or
continues to violate this article or a permit or administrative order
issued thereunder, he 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.
(2)Â
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. The Town Board shall then:
D.Â
Administrative fines.
(1)Â
Notwithstanding any other section of this article, any user
who is found to have violated any provision of this article, or a
wastewater discharge permit or administrative order issued hereunder,
shall be fined in an amount not less than $250 and not to exceed $1,000
per violation. Each day on which noncompliance shall occur or continue
shall be deemed a separate and distinct violation.
(2)Â
The user may, within 15 calendar days of notification of the
district operator's notice of such fine, 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.
The Town Board shall then:
E.Â
Cease and desist orders.
(1)Â
When the district operator finds that a user has violated or
continues to violate this article or any permit or administrative
order issued hereunder, the district operator may issue an administrative
order to cease and desist all such violations and direct those persons
in noncompliance to:
(2)Â
The user may, within 15 calendar days of the date the district
operator mails notification 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.
The Town Board shall then:
F.Â
Termination of permit.
(1)Â
Any user who violates the following conditions of this article
or a wastewater discharge permit or administrative order, or any applicable
or state and federal law, is subject to permit termination:
(a)Â
Violation of permit conditions or conditions of an administrative
order;
(b)Â
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(c)Â
Failure to report significant changes in operations or wastewater
constituents and characteristics;
(d)Â
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring, or sampling; or
(e)Â
Failure to pay administrative fines, fees or user charges.
(2)Â
Noncompliant industrial users will be notified, by registered
mail, of the proposed termination of their wastewater permit.
(3)Â
The user may, within 15 calendar days of the date the district
operator mails such notification, petition the Town Board to permit
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.
The Town Board shall then:
G.Â
Water supply severance.
(1)Â
Whenever a user has violated or continues to violate the provisions
of this article or an order or permit issued hereunder, water service
to the user may be severed and service will only recommence, at the
user's expense, after it has satisfactorily demonstrated its
ability to comply.
(2)Â
The user may, within 15 calendar days of severance, petition
the district operator to reconnect water supply service. Such petition
shall be in written form and shall be transmitted to the district
operator by registered mail. The district operator shall then:
H.Â
Show-cause hearing.
(1)Â
The district operator may order any user appealing administrative remedies for violations of this article to show cause, before the Town Board, why an enforcement action, initiated by the district operator, 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 10 calendar days before the hearing in accordance with Subsection J of this section. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment. The notice of the hearing shall be served at least 10 calendar days before the hearing, in accordance with Subsection J.
(2)Â
The Town Board may itself conduct the hearing, or may designate
any of its members or any officer or employee of the Town to conduct
the hearing:
(a)Â
Issue, in the name of the Town Board, notices of hearings requesting
the attendance and testimony of witnesses, and the production of evidence
relevant to any matter involved in such hearings;
(b)Â
Take the evidence;
(c)Â
Take sworn testimony;
(d)Â
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Town Board
for action thereon.
(3)Â
After the Town Board has reviewed the evidence and testimony,
it may order the user to comply with the district operator's
order or fine, modify the district operator's order or fine;
or vacate the district operator's order or fine.
I.Â
Failure of user to petition the Town Board. In the event the district
operator 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.
J.Â
Notice. The notices, orders, petitions, or other notification which
the user or district operator shall desire or be required to give
pursuant to any sections of this article 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 article shall
be mailed to the user where the user's effluent is discharged
into transmission lines to the Town's POTW. Any notice, petition,
or other communication mailed to the district operator shall be addressed
and mailed to the Town Office.
K.Â
Right to choose multiple remedies. The district operator shall have
the right, at the Town Board's sole discretion, to utilize any
one or more appropriate administrative remedies set forth in this
article. The district operator may utilize more than one administrative
remedy established pursuant to this article, and the district operator
may hold one show-cause hearing combining more than one enforcement
action.
A.Â
Civil actions for penalties.
(1)Â
Any person who violates any of the provisions of or who fails
to perform any duty imposed by this article, or any administrative
order or determination of the district operator promulgated under
this article, or the terms of any permit issued hereunder, shall be
liable to the Town for a civil penalty not less than $250 and not
to exceed $1,000 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 district operator in the name of the Town, in any court of
competent jurisdiction giving preference to courts local to the Town.
In addition to the above described penalty, the district operator
may recover all damages incurred by the Town from any persons or users
who violate any provisions of this article, or who fail to perform
any duties imposed by this article or any administrative order or
determination of the district operator promulgated under this article,
or the terms of any permit issued hereunder. In addition to the above
described damages, the district operator 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 district operator
may also recover court costs and other expenses associated with the
enforcement activities, including sampling and monitoring expenses.
(2)Â
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,
any economic benefit gained through the user's violation, corrective
actions by the user, the compliance history of the user, and any other
relative factors as justice may require.
(3)Â
Such civil penalty may be released or compromised by the district
operator 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 district operator.
B.Â
Court orders.
(1)Â
In addition to the power to assess penalties as set forth in
this article, the district operator shall have the power, following
the hearing held in conformance with the procedures set forth in this
article, to seek an order:
(2)Â
Any such court order shall be sought in an action brought by
the Town Attorney, at the request of the district operator, in the
name of the Town in any court of competent jurisdiction giving precedence
to courts local to the Town.
(3)Â
The Town Attorney, at the request of the district operator,
shall petition the Court to impose, assess, and recover such sums
imposed according to this article. In determining amount of liability,
the Court shall take into account all relevant circumstances, including,
but not limited to, the extent of harm caused by the violation, the
magnitude and duration, any economic benefit gained through the user's
violation, corrective actions by the user, the compliance history
of the user, and any other factor as justice requires.
C.Â
Criminal penalties.
(1)Â
Any person who willfully violates any provision of this article
or any final determination or administrative order of the district
operator made in accordance with this article shall be guilty of a
Class A Misdemeanor, and upon conviction thereof, shall be punished
by a fine of not less than $500 nor more than $1,000, or imprisonment
not to exceed one year or both. 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.
(2)Â
Any user who knowingly makes any false statements, representations,
or certifications in any application, record, report, plan or other
document filed or required to be maintained pursuant to this article,
or wastewater permit, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this article shall be guilty of a Class A Misdemeanor and, upon conviction,
shall be punished by a fine of not more than $1,000 per violation
per day or imprisonment for not more than one year or both.
(3)Â
No prosecution, under this section, shall be instituted until
after final disposition of a show-cause hearing, if any, was instituted.
D.Â
Additional injunctive relief. Whenever a user has violated or continues
to violate the provisions of this article or permit or order issued
hereunder, the district operator 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
thereunder by the district operator.
E.Â
Summary abatement.
(1)Â
Notwithstanding any inconsistent provisions of this article,
whenever the district operator finds, after investigation, that any
user is causing, engaging in, or maintaining a condition or activity
which, in the judgement of the district operator or 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
district operator 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 district
operator may take all appropriate action to abate the violating condition.
As promptly as possible thereafter, not to exceed 15 calendar days,
the district operator shall provide the user an opportunity to be
heard, in accordance with the provisions of this article.
(2)Â
If the user is not within the geographic boundaries of the Town
the right of summary abatement to discontinue, abate, or alleviate
conditions or activities shall be those prescribed in the intermunicipal
agreement.
(3)Â
The district operator, acting upon the belief that an emergency
exists, shall be indemnified against any personal liability that may
arise in the performance of his duties to protect the public health,
safety, or welfare, or to preserve the POTW or the environment.
A.Â
Delinquent payments.
(1)Â
If there shall be any payments which are due to the Town, or
any Department thereof, pursuant to any article or section of this
article, which shall remain due and unpaid, in whole or in part, for
a period of 20 calendar days from the date of billing by the Town,
the same shall constitute a default, and there shall be added to the
entire amount of the original bill a penalty equal to 20% of the original
bill, and interest shall accrue on the unpaid balance, at the rate
of 2% per month, retroactive to the date of the original billing.
(2)Â
In the event that there are any sewer taxes, assessments, or
other service charges which shall have been delinquent for a period
of at least 60 calendar days as of October 1 of any year, the Town
Supervisor shall report the names of the defaulting persons to the
Town Board, the Town Assessor, and the Jefferson County Real Property
Tax Office on or before November 1 of the same year. The Town Assessor
is hereby directed to add the entire amount of the sewer tax, assessment,
or other service charge which shall be in default, plus penalty and
interest, as provided for in this article, to the real property taxes
due and owing to Town in the next succeeding year, and the Town Supervisor
is directed to collect the same in the same manner as real property
taxes due and owing to the Town are collected.
(3)Â
Where charges are delinquent and the violator is not a resident
of the Town, or is located outside the geographical boundaries of
the Town, then the Town Attorney is authorized to seek recovery of
charges, including punitive damages, in a court of competent jurisdiction
or make arrangements with the appropriate county where the user is
located to add the amount of the sewer assessment or other charges
which shall be in default, plus penalty and interest, as provided
for in the law, to the real property taxes due to the County in the
next ensuing year.
B.Â
Performance bonds. The district operator may decline to reissue a
permit to any user which has failed to comply with the provisions
of this article 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 Town Board
to be necessary to achieve consistent compliance.
C.Â
Liability insurance. The Town Board may decline to reissue a permit
to any user which has failed to comply with the provisions of this
article 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.
D.Â
Informant rewards. The Town Board is authorized to pay up to $500
for information leading to the discovery of noncompliance by a user.
In the event that the information provided results in an administrative
fine or civil penalty levied against the user, the Town, upon approval
of the Town Board, is authorized to disperse up to 10% of the collected
fine or penalty to the informant. However, a single reward payment
may not exceed $10,000, including the discovery reward.
E.Â
Public notification. The Town Supervisor shall provide public notification,
in the daily newspaper with the largest circulation in the Town, 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 as occurring.
F.Â
Contractor listings.
(1)Â
Users which have not achieved consistent compliance with applicable
pretreatment standards and requirements are not eligible to receive
a contractual award for the sale of goods or services to the Town.
(2)Â
Existing contracts for the sale of goods or services to the
Town held by a user found to be in significant violation with pretreatment
standards may be terminated at the discretion of the Town Board.