A.
Notification of violation. Whenever the Superintendent finds that
any user has violated or is violating this Part 4, or any wastewater
discharge permit, order, prohibition, limitation or requirement permitted
by this Part 4, 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.
B.
Consent orders. 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.
C.
Administrative or compliance orders.
(1)
When the Superintendent finds that a user has violated or continues
to violate this Part 4 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)
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:
D.
Administrative fines.
(1)
Notwithstanding any other section of this Part 4, any user who is found to have violated any provision of this Part 4, 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 continues shall be deemed a separate and distinct violation.
(2)
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:
E.
Cease and desist orders.
(1)
When the Superintendent finds that a user has violated or continues
to violate this Part 4 or any permit or administrative order issued
hereunder, the Superintendent may issue an administrative order to
cease and desist all such violations and direct those persons in noncompliance
to:
(2)
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:
F.
Termination of permit.
(1)
Any user who violates the following conditions of this Part 4 or
a wastewater discharge permit or administrative order, or any applicable
or state and federal law, is subject to permit termination:
(a)
Violation of permit conditions or conditions of an administrative
order.
(b)
Failure to accurately report the wastewater constituents and
characteristics of its discharge.
(c)
Failure to report significant changes in operations or wastewater
constituents and characteristics.
(d)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring or sampling.
(e)
Failure to pay administrative fines, fees or user charges.
(2)
Noncompliant industrial users will he notified, by registered mail,
of the proposed termination of their wastewater permit.
(3)
The user may, within 15 calendar days of the date the Superintendent
mails such notification, petition the Superintendent to permit continued
use of the public sewer and STP by the user. Such petition shall be
in written form and shall be transmitted to the Superintendent by
registered mail. The Superintendent shall then:
G.
Water supply severance.
(1)
Whenever a user has violated or continues to violate the provisions
of this Part 4 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)
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:
H.
Show cause hearing.
(1)
The Superintendent may order any user appealing administrative remedies for violations of this Part 4 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, 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.
(2)
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 and:
(a)
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)
Take the evidence.
(c)
Take sworn testimony.
(d)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Town Board
for action thereon.
(3)
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.
I.
Failure of user to petition the Superintendent. In the event that
the Superintendent 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 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.
J.
Notice. 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 4 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 4 shall be mailed to the user where the user's effluent is discharged into transmission lines to the Calverton STP. Any notice, petition or other communication mailed to the Superintendent shall be addressed and mailed to the Town Hall of the Town of Riverhead.
K.
Right to choose multiple remedies. 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
article. 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.
Civil actions for penalties.
(1)
Any person who violates any of the provisions of or who fails to perform any duty imposed by this Part 4, or any administrative order or determination of the Superintendent promulgated under this Part 4, 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 violations, 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 in any court of competent jurisdiction giving preference to courts local to the Town. In addition to the above-described penalty, the Superintendent may recover all damages incurred by the Town from any persons or users who violate any provisions of this Part 4, or who fail to perform any duties imposed by this Part 4 or any administrative order or determination of the Superintendent promulgated under this Part 4, or the terms of any permit issued hereunder. In addition to the above-described damages, the Superintendent 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 Superintendent may also recover court costs and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(2)
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)
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.
B.
Court orders.
(1)
In addition to the power to assess penalties as set forth in this
article, the Superintendent shall have the power, following the hearing
held in conformance with the procedures set forth in this article,
to seek an order:
(2)
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, in any court of competent jurisdiction, giving precedence
to courts local to the Town.
(3)
The Town Attorney, at the request of the Superintendent, 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,
corrective actions by the user, the compliance history of the user
and any other factor as justice requires.
C.
Criminal penalties.
(1)
Any person who willfully violates any provision of this Part 4 or any final determination or administrative order of the Superintendent 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)
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
4, or wastewater permit, or who falsifies, tampers with or knowingly
renders inaccurate any monitoring device or method required under
this Part 4 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)
No prosecution under this section shall be instituted until after
final disposition of a show cause hearing, if any, was instituted.
D.
Additional injunctive relief. Whenever a user has violated or continues
to violate the provisions of this Part 4 or permit or order issued
hereunder, the Superintendent, 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 Superintendent.
E.
Summary abatement.
(1)
Notwithstanding any inconsistent provisions of this Part 4, 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 public sewer, STP 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 in the Board's judgment will reasonably notify such person whose practices are intended to be prescribed, 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 article.
(2)
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)
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 duties to protect the public health, safety
or welfare, or to preserve the public sewer and STP or the environment.
A.
Delinquent payments.
(1)
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 4, 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)
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 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 4, to the real property taxes
due and owing to the 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.
(3)
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 this
Part 4, to the real property taxes due to the county in the next ensuing
year.
B.
Performance bonds. The Superintendent may decline to reissue a permit
to any user which has failed to comply with the provisions of this
Part 4 or any order or previous permit issued hereunder unless such
user first files with it a satisfactory bond, payable to the Calverton
Sewer District, in a sum not to exceed a value determined by the Superintendent
to be necessary to achieve consistent compliance.
C.
Liability insurance. The Superintendent may decline to reissue a
permit to any user which has failed to comply with the provisions
of this Part 4 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 public sewer and STP damage caused
by its discharge.
D.
Informant rewards. The Superintendent 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 Superintendent
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.
Public notification. The Superintendent 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.
F.
Contractor listings.
(1)
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)
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.
