A.
The Superintendent 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.
The enforcement response plan shall:
(1)
Describe how the Superintendent will investigate
instances of noncompliance.
(2)
Describe the types of escalated enforcement
actions that the Superintendent 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 reflect the Town Board's responsibility
to enforce all applicable standards and requirements.
C.
The enforcement response plan shall contain:
(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
be based on the nature and severity of the violation and other relevant
factors, such as the 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 good faith of the
user and shall promote consistent and timely use of enforcement remedies.
E.
The Town Board shall approve the enforcement response
plan. The enforcement response plan shall be reviewed at least every
five years.
Whenever the Superintendent finds that any user
has violated or is violating this Part 2, or any wastewater discharge
permit, order, prohibition, limitation or requirement permitted by
this Part 2, the Superintendent may serve upon such person a written
notice stating the nature of the violation. Within 10 calendar days
of the date the Superintendent mails the notice, an explanation of
the violation and a plan for the satisfactory correction and prevention
thereof shall be submitted to the Superintendent 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 Superintendent 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.
A.
When the Superintendent finds that a user has violated
or continues to violate this Part 2 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.
B.
The user may, within 15 calendar days of receipt of
such order, petition the Superintendent to modify or suspend the order.
Such petition shall be in written form and shall be transmitted to
the Superintendent by registered mail. The Superintendent shall then:
A.
Notwithstanding any other section of this Part 2, any user who is found to have violated any provision of this Part 2, or a wastewater discharge permit or administrative order issued thereunder, shall be fined in an amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation.
B.
The user may, within 15 calendar days of notification
of the Superintendent's notice of such fine, petition the Superintendent
to modify or suspend the order. Such petition shall be in written
form and shall be transmitted to the Superintendent by registered
mail. The Superintendent shall then:
A.
When the Superintendent finds that a user has violated
or continues to violate this Part 2 or any permit or administrative
order issued thereunder, the Superintendent may issue an administrative
order to cease and desist all such violations and direct those persons
in noncompliance to:
B.
The user may, within 15 calendar days of the date
the Superintendent mails notification of such order, petition the
Superintendent to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent shall then:
A.
Any user who violates the following conditions of
this Part 2 or a wastewater discharge permit or administrative order,
or any applicable or state and federal law, is subject to permit termination:
(1)
Violation of permit conditions or conditions
of an administrative order;
(2)
Failure to accurately report the wastewater
constituents and characteristics of its discharge;
(3)
Failure to report significant changes in operations
or wastewater constituents and characteristics;
(4)
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring or sampling; or
(5)
Failure to pay administrative fines, fees or
user charges.
B.
Noncompliant
industrial users will be notified, by registered mail, of the proposed
termination of their wastewater permit.
C.
The user may, within 15 calendar days of the date
the Superintendent mails such notification, petition the Superintendent
to permit continued use of the POTW by the user. Such petition shall
be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent shall then:
A.
Whenever a user has violated or continues to violate
the provisions of this Part 2 or an order or permit issued thereunder,
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.
B.
The user may, within 15 calendar days of severance,
petition the Superintendent to reconnect water supply service. Such
petition shall be in written form and shall be transmitted to the
Superintendent by registered mail. The Superintendent shall then:
A.
The Superintendent may order any user appealing administrative remedies for violations of this Part 2 to show cause, before the Town Board, why an enforcement action initiated by the Superintendent 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 and 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 § 230-116 of this Part 2. 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 § 230-116.
B.
The Town Board may itself conduct the hearing or may
designate any of its members or any officer or employee of the Town
of Seneca Falls to conduct the hearing and:
(1)
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.
(2)
Take the evidence.
(3)
Take sworn testimony.
(4)
Transmit a report of the evidence and hearing,
including transcripts and other evidence, together with recommendations
to the Town Board for action thereon.
C.
After the Town Board has reviewed the evidence and
testimony, it may order the user to comply with the Superintendent's
order or fine, modify the Superintendent's order or fine or vacate
the Superintendent's order or fine.
In the event that the Superintendent issues
any administrative order, terminates the user's permit or imposes
any fine as set forth in this article, and the user fails, within
the designated period of time set forth, to petition the Superintendent,
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 Superintendent shall desire or be required to give pursuant to any sections of this Part 2 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 Part 2 shall be mailed to the user where the user's effluent is discharged into transmission lines to the Town of Seneca Fall's POTW. Any notice, petition or other communication mailed to the Superintendent shall be addressed and mailed to the Town of Seneca Falls, Town Hall, Seneca Falls, New York.
The Superintendent shall have the right, within the Superintendent's sole discretion, to utilize any one or more appropriate administrative remedies set forth in this Part 2. The Superintendent may utilize more than one administrative remedy established pursuant to this article, and the Superintendent may hold one show-cause hearing combining more than one enforcement action.
A.
Any person who violates any of the provisions of or
who fails to perform any duty imposed by this Part 2, or any administrative
order or determination of the Superintendent promulgated under this
Part 2, or the terms of any permit issued thereunder shall be liable
to the Town of Seneca Falls for a civil penalty 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 Part 2. Each violation shall be a 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 Superintendent in the name
of the Town of Seneca Falls, in any court of competent jurisdiction
giving preference to courts local to the Town of Seneca Falls. In
addition to the above-described penalty, the Superintendent may recover
all damages incurred by the Town of Seneca Falls from any persons
or users who violate any provisions of this Part 2 or who fail to
perform any duties imposed by this Part 2 or any administrative order
or determination of the Superintendent promulgated under this Part,
or the terms of any permit issued thereunder. In addition to the above-described
damages, the Superintendent may recover all reasonable attorney's
fees incurred by the Town of Seneca Falls in enforcing the provisions
of this Part 2, including reasonable attorney's fees incurred in any
action to recover penalties and damages, and the Superintendent may
also recover court costs and other expenses associated with the enforcement
activities, including sampling and monitoring expenses.
B.
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.
C.
Such civil penalty may be released or compromised
by the Superintendent 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 Superintendent.
A.
In addition to the power to assess penalties as set
forth in this Part 2, the Superintendent shall have the power, following
the hearing held in conformance with the procedures set forth in this
Part 2, to seek an order:
B.
Any such court order shall be sought in an action
brought by the Town Attorney, at the request of the Superintendent,
in the name of the Town of Seneca Falls, in any court of competent
jurisdiction, giving precedence to courts local to the Town of Seneca
Falls.
C.
The Town Attorney, at the request of the Superintendent,
shall petition the court to impose, assess and recover such sums imposed
according to this Part 2. In determining the 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 factors as justice requires.
A.
Any person who willfully violates any provision of
this Part 2 or any final determination or administrative order of
the Superintendent made in accordance with this Part 2 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.
B.
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 Part 2 or wastewater permit or who falsifies, tampers with
or knowingly renders inaccurate any monitoring device or method required
under this Part 2 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.
C.
No prosecution under this section shall be instituted
until after final disposition of a show-cause hearing, if any was
instituted.
Whenever a user has violated or continues to
violate the provisions of this Part 2 or a permit or order issued
thereunder, the Superintendent, through counsel, may petition the
court, in the name of the Town of Seneca Falls, for the issuance of
a preliminary or permanent injunction, or both (as may be appropriate),
which restrains the violation of or compels compliance with any order
or determination thereunder by the Superintendent.
A.
Notwithstanding any inconsistent provisions of this
Part 2, whenever the Superintendent finds, after investigation, that
any user is causing, engaging in or maintaining a condition or activity
which, in the judgment of the Superintendent, 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 Superintendent 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 Superintendent may take all appropriate
action to abate the violating condition. As promptly as possible thereafter,
not to exceed 15 calendar days, the Superintendent shall provide the
user an opportunity to be heard, in accordance with the provisions
of this Part 2.
B.
If the user is not within the geographic boundaries
of the Town of Seneca Falls, the right of summary abatement to discontinue,
abate or alleviate conditions or activities shall be those prescribed
in the intermunicipal agreement.
C.
The Superintendent, acting upon the belief that an
emergency exists, shall be indemnified against any personal liability
that may arise in the performance of his or her duties to protect
the public health, safety or welfare or to preserve the POTW or the
environment.
A.
If there shall be any payments which are due to the Town of Seneca Falls, or any department thereof, pursuant to any article or section of this Part 2 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 of Seneca Falls, 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. Interest shall accrue on the unpaid balance at the rate of 2% per month, retroactive to the date of the original billing.
B.
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 December 15 of any year, the Superintendent
shall report the names of the defaulting persons to the Town Clerk,
the Town Assessor and the Town Treasurer on or before December 15
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 Part 2, to the real property taxes due and owing to Town of
Seneca Falls in the next succeeding year, and the Town Assessor is
directed to collect the same in the same manner as real property taxes
due and owing to the Town of Seneca Falls are collected.
C.
Where charges are delinquent and the violator is not
a resident of the Town of Seneca Falls 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.
The Superintendent may decline to reissue a
permit to any user which has failed to comply with the provisions
of this Part 2 or any order or previous permit issued thereunder unless
such user first files with him or her a satisfactory bond, payable
to the POTW, in a sum not to exceed a value determined by the Superintendent
to be necessary to achieve consistent compliance.
The Superintendent may decline to reissue a
permit to any user which has failed to comply with the provisions
of this Part 2 or any order or previous permit issued thereunder,
unless the user first submits proof that it has obtained financial
assurances sufficient to restore or repair POTW damage caused by its
discharge.
The Superintendent is authorized to pay up to
$100 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 Superintendent
is authorized to disperse up to 5% of the collected fine or penalty
to the informant. However, a single reward payment may not exceed
$1,000, including the discovery reward.
The Superintendent shall provide public notification,
in the daily newspaper with the largest circulation in the Town of
Seneca Falls, of users which were in significant noncompliance with
local or federal pretreatment standards or requirements since the
last such notice. The frequency of such notices shall be at least
once per year.
A.
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 of Seneca Falls.
B.
Existing contracts for the sale of goods or services
to the Town of Seneca Falls held by a user found to be in significant
violation of pretreatment standards may be terminated at the discretion
of the Town Board.
