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 sewage treatment plant. All violations
by users of the sewage treatment plant shall be met with some type
of enforcement response. The response shall be comprehensive and effective.
A. The enforcement response plan shall:
(1)
Describe how the Town will investigate instances of noncompliance.
(2)
Describe the types of escalated enforcement actions that the
Town 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.
B. The enforcement response plan shall contain:
(1)
Criteria for scheduling periodic inspection and/or sampling
visits to sewage treatment plant 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.
C. 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
sewage treatment plant; effect of the violation on the health and
safety of the sewage treatment plant employees; compliance history
of the user; good faith of the user, and shall promote consistent
and timely use of enforcement remedies.
Whenever the Town finds that any user has violated or is violating
this Part 3, or any wastewater discharge permit, order, prohibition,
limitation or requirement permitted by this Part 3, the Town may serve
upon such person a written notice stating the nature of the violation.
Within 10 calendar days of the date the Town mails the notice, an
explanation of the violation and a plan for the satisfactory correction
and prevention thereof shall be submitted to the Town, 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 Town 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 Town finds that a user has violated or continues to violate
this Part 3 or a permit or administrative order issued thereunder,
it 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 Town to modify or suspend the order. Such petition shall be in
written form and shall be transmitted to the Town by registered mail.
The Town shall then:
(1)
Reject any frivolous petitions;
(2)
Modify or suspend the order; or
(3)
Order the petitioner to show cause in accordance with §
102-132 and may, as part of the show cause notice, request the user to supply additional information.
A. Notwithstanding any other section of this Part
3, any user who is found to have violated any provision of this Part
3, or a wastewater discharge permit or administrative order issued hereunder, 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 Town's
notice of such fine, petition the Town to modify or suspend the order.
Such petition shall be in written form and shall be transmitted to
the Town by registered mail. The Town shall then:
(1)
Reject any frivolous petitions;
(2)
Modify or suspend the fine; or
(3)
Order the petitioner to show cause in accordance with §
102-132 and may, as part of the show cause notice, request the user to supply additional information.
A. When the Town finds that a user has violated or continues to violate
this Part 3 or any permit or administrative order issued hereunder,
the Town may issue an administrative order to cease and desist all
such violations and direct those persons in noncompliance to:
(2)
Take such appropriate remedial or preventive action as may be
needed to properly address a continuing or threatened violation, including
halting operations or terminating the discharge.
B. The user may, within 15 calendar days of the date the Town mails
notification of such order, petition the Town to modify or suspend
the order. Such petition shall be in written form and shall be transmitted
to the Town by registered mail. The Town shall then:
(1)
Reject any frivolous petitions.
(2)
Modify or suspend the order.
(3)
Order the petitioner to show cause in accordance with §
102-132 and may, as part of the show cause notice, request the user to supply additional information.
A. Any user who violates the following conditions of this Part 3, or
a wastewater discharge permit or administrative order, or any applicable
state and federal code, is subject to permit termination:
(1)
Violation of permit conditions.
(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.
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 Town mails
such notification, petition the Town to permit continued use of the
sewage treatment plant by the user. Such petition shall be in written
form and shall be transmitted to the Town by registered mail. The
Town shall then:
(1)
Reject any frivolous petitions.
(2)
Order the petitioner to show cause in accordance with §
102-132 and may, as part of the show cause notice, request the user to supply additional information.
A. Whenever a user has violated or continues to violate the provisions
of this Part 3 or an order or permit issued hereunder, potable water
service to the user/owner 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
Town to reconnect water supply service. Such petition shall be in
written form and shall be transmitted to the Town by registered mail.
The Town shall then:
(1)
Reject any frivolous petitions;
(2)
Reconnect the water supply; or
(3)
Order the petitioner to show cause in accordance with §
102-132 and may, as part of the show cause notice, request the user to supply additional information.
A. The Town may order any user appealing administrative remedies for violations of this Part
3 to show cause before the Town Board why an enforcement action, initiated by the Town, 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 §
102-134 of this article. 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 §
102-134.
B. 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:
(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.
(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 Town's order or fine, modify
the Town's order or fine, or vacate the Town's order or fine.
In the event the Town 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, 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/owner or Town shall desire or be required to give pursuant to any sections of this Part
3 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 as required in this section to the user/owner pursuant to the sections of this Part
3 shall be mailed to the user where the user's effluent is discharged into transmission lines to the Town's sewage treatment plant and the owner as listed in the Assessor's tax roll. Any notice, petition or other communication mailed to the Town shall be addressed and mailed to the Town Hall of the Town.
The Town shall have the right, within the Town's sole discretion,
to utilize any one or more appropriate administrative remedies set
forth in this article. The Town may utilize more than one administrative
remedy established pursuant to this article, and the Town 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
3, or any administrative order or determination of the Town promulgated under this Part
3, or the terms of any permit issued hereunder, shall be liable to the Town 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 article. 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 Town 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 Town may recover all damages incurred by the Town from any persons or users who violate any provisions of this Part
3, or who fail to perform any duties imposed by this Part
3 or any administrative order or determination of the Town promulgated under this Part
3, or the terms of any permit issued hereunder. In addition to the above-described damages, the Town may recover all reasonable attorneys' fees incurred by the Town in enforcing the provisions of this article, including reasonable attorneys' fees incurred in any action to recover penalties and damages, and the Town 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 Town 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 Town.
A. In addition to the power to assess penalties as set forth in this
article, the Town shall have the power, following the hearing held
in conformance with the procedures set forth in this article, to seek
an order:
(1)
Suspending, revoking or modifying the violator's wastewater
discharge permit; or
(2)
Enjoining the violator from continuing the violation.
B. Any such court order shall be sought in an action brought by the
Town Attorney, at the request of the Town, in the name of the Town,
in any court of competent jurisdiction, giving precedence to courts
local to the Town.
C. The Town Attorney, at the request of the Town, shall petition the
Court to impose, assess and recover such sums imposed according to
this article. 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,
collective actions by the user, the compliance history of the user,
and any other factor as justice requires.
A. Any person who willfully violates any provision of this Part
3 or any final determination or administrative order of the Town 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.
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
3 or wastewater permit, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this Part 3, 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 3 or a permit or order issued hereunder, the Town, 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 Town.
A. Notwithstanding any inconsistent provisions of this Part
3, whenever the Town finds, after investigation, that any user is causing, engaging in, or maintaining a condition or activity which, in the judgment of the Town, 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 sewage treatment plant 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 Town 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 Town may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 calendar days, the Town shall provide the user an opportunity to be heard, in accordance with the provisions of this article.
B. 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.
C. The Town, acting upon the belief that an emergency exists, shall
be indemnified against any personal liability that may arise in the
performance of its duties to protect the public health, safety or
welfare, or to preserve the sewage treatment plant or the environment.
A. If there shall be any payments which are due to the Town or any department thereof pursuant to any article or section of this Part
3, 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.
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 Town shall
report the names of the defaulting persons to the Town Supervisor,
the Town Clerk, the Town Chief Assessor, and the Town Treasurer on
or before December 15 of the same year. The Town Chief 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 3, to the real property taxes
due and owing to Town in the next succeeding year, and the Town Chief
Assessor is directed to collect the same in the same manner as real
property taxes due and owing to the Town are collected.
C. 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 code,
to the real property taxes due to the county in the next ensuing year.
The Town may decline to reissue a permit to any user which has
failed to comply with the provisions of this Part 3 or any order or
previous permit issued hereunder unless such user first files with
it a satisfactory bond, payable to the sewage treatment plant, in
a sum not to exceed a value determined by the Town to be necessary
to achieve consistent compliance.
The Town may decline to reissue a permit to any user which has
failed to comply with the provisions of this Part 3 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 sewage treatment plant damage caused by its discharge.
The Town 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/owner, the Town 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.
The Town 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
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.
B. 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.