Any person violating any of the provisions of this Part
2 shall, in addition, be civilly liable to the Town for any expense, loss or damage occasioned to the Town by reason of such violation. The Town may recover fines and penalties imposed by any regulatory agency on the Town that can be reasonably attributed to the user discharges of any person to the wastewater collection or treatment system. The Town may also recover from any responsible party any reasonable attorneys' fees, court costs, other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any damages incurred by the Town.
The Town Attorney, on his or her own initiative or at the request of the Coordinator, shall have the right to seek equitable relief in the name of the Town to restrain the violation of, or to compel compliance with, this Part
2 or any order or determination issued thereunder by the Coordinator.
The Town may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Part
2, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless such user first files a satisfactory bond, payable to the Town, in a sum not to exceed a value determined by the Town to be necessary to achieve consistent compliance.
The Town may decline to issue or reissue a wastewater discharge permit to any user who has failed to comply with any provision of this Part
2, a previous wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, unless the user first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
Whenever a user has violated or continues to violate any provision of this Part
2, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement, water service to the user may be severed. Service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply. Such severance of any water service shall not be carried out except in the manner and upon the notice as is required of a waterworks corporation pursuant to Subdivisions 3-a, 3-b and 3-c of § 89-b and § 116 of the Public Service Law.
A violation of any provision of this Part
2, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the Town. Any person(s) creating a public nuisance shall be subject to the provisions of §
230-80 et seq. governing such nuisances, including reimbursing the Town for any costs incurred in removing, abating, or remedying said nuisance.
The Town shall publish annually, in the largest daily newspaper
published in the municipality where the POTW is located, a list of
the users which, during the previous 12 months, were in significant
noncompliance with applicable pretreatment standard or requirement.
The term "significant noncompliance" shall mean:
A. Chronic violations of wastewater discharge limits, defined here as
those in which 66% or more of wastewater measurements taken during
a six-month period exceed (by any magnitude) a numeric pretreatment
standard or requirement, including instantaneous limits;
B. Technical review criteria (TRC) violations, defined here as those
in which 33% or more of wastewater measurements taken for each pollutant
parameter during a six-month period equal or exceed the product of
the numeric pretreatment standard or requirement, including instantaneous
limits, multiplied by the applicable criteria (1.4 for BOD, TSS, fats,
oils and grease, and 1.2 for all other pollutants except pH);
C. Any other discharge violation that the Town believes has caused,
alone or in combination with other discharges, interference or pass-through,
including endangering the health of POTW personnel or the general
public;
D. Any discharge of pollutants that has caused imminent danger to the
public or to the environment or has resulted in the Town's exercise
of emergency authority to halt or prevent such a discharge;
E. Failure to meet, within 90 days of the scheduled date, a compliance
schedule milestone contained in a wastewater discharge permit or enforcement
order for starting construction, completing construction, or attaining
final compliance;
F. Failure to provide, within 30 days after the due date, any required
reports, including baseline monitoring reports, reports on compliance
with categorical pretreatment standard deadlines, periodic self-monitoring
reports, and reports on compliance with compliance schedules;
G. Failure to accurately report noncompliance; or
H. Any other violation(s), including a violation of best management
practices, which the Town determines will adversely affect the operation
or implementation of the local pretreatment program.
If any provision of this Part
2 is invalidated by any court of competent jurisdiction, the remaining provisions shall not be effected and shall continue in full force and effect.