[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.
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.
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.
