Whenever the Enforcement Officer finds that any user has violated
or is violating this chapter, or any wastewater discharge permit,
order, prohibition, limitation or requirement permitted by this chapter,
the Enforcement Officer may serve upon such person a written notice
stating the nature of the violation. Within two calendar days of the
date of the notice, an explanation of the violation and a plan for
the satisfactory correction and prevention thereof shall be submitted
to the Enforcement Officer 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 Enforcement Officer 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.
Any person who violates any of the provisions of or who fails
to perform any duty imposed by this chapter, or any order or determination
of the Enforcement Officer promulgated under this chapter, or the
terms of any permit issued hereunder, shall be liable to the Town
of Cazenovia for a civil penalty not to exceed $1,000 for each such
violation, to be assessed after 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's Attorney at the request of the Enforcement Officer
in the name of the Town of Cazenovia in any court of competent jurisdiction.
In addition to the above-described penalty and damages, the Enforcement
Officer may recover reasonable attorneys' fees, court costs and other
expenses associated with the enforcement activities, including sampling
and monitoring expenses. Such civil penalty may be released or compromised
by the Enforcement Officer before the matter has been referred to
the Town's Attorney; and where such matter has been referred
to the Town's 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's Attorney, with the consent of the Enforcement Officer.
Whenever a user has violated or continues to violate the provisions
of this chapter or a permit or order issued hereunder, the Enforcement
Officer, through counsel, may petition the court, in the name of the
Town of Cazenovia, 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 Enforcement Officer. Notwithstanding anything contrary in this
chapter, such request for injunction may occur at any time if, in
the judgment of the Chief Operator, circumstances require immediate
court intervention.
Any person violating any of the provisions of this chapter shall,
in addition, be civilly liable to the Town of Cazenovia for any expense,
loss or damage occasioned to the Town of Cazenovia by reason of such
violation.
The Enforcement Officer may decline to reissue a permit to any
user which has failed to comply with the provisions of this chapter
or any order or previous permit issued hereunder unless such user
first files with it a satisfactory bond, payable to the POTW, in a
sum not to exceed a value determined by the Enforcement Officer to
be necessary to achieve consistent compliance.
The Enforcement Officer may decline to reissue a permit to any
user which has failed to comply with the provisions of this chapter
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 POTW damage caused by its discharge.