A.ย
The Superintendent shall prepare an enforcement response plan. 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 POTW. All violations by users of the POTW
shall be met with some type of enforcement response. The response
shall be comprehensive and effective. The enforcement response plan
shall:
(1)ย
Describe how the Superintendent will investigate instances of
noncompliance.
(2)ย
Describe the types of escalated enforcement actions that the
Superintendent 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)ย
Adequately reflect the Town of Verona Town Board's responsibility
to enforce all applicable standards and requirements.
B.ย
The enforcement response plan shall contain:
(1)ย
Criteria for scheduling periodic inspection and/or sampling
visits to POTW users.
(2)ย
Forms and guidelines for documenting compliance data in a manner
which will enable the information to be used as evidence.
(3)ย
Systems to track due dates, compliance schedule milestones and
pending enforcement actions.
(4)ย
Criteria, responsible personnel and procedures to select and
initiate an enforcement action.
C.ย
The range of appropriate enforcement actions shall be based on the
nature and severity of the violation and other relevant factors, such
as the:
(1)ย
Magnitude of the violation.
(2)ย
Duration of the violation.
(3)ย
Effect of the violation on the receiving water.
(4)ย
Effect of the violation on the POTW.
(5)ย
Effect of the violation on the health and safety of the POTW
employees.
(6)ย
Compliance history of the user.
(7)ย
Good faith of the user.
D.ย
The appropriate enforcement actions shall also promote consistent
and timely use of enforcement remedies.
E.ย
The Town of Verona Town Board shall approve the enforcement response
plan. The enforcement response plan shall be reviewed at least every
five years.
Whenever the Superintendent finds that any user has violated
or is violating this Part 1 or any wastewater discharge permit order,
prohibition, limitation or requirement permitted by this Part 1, 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.
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.
A.ย
When the Superintendent finds that a user has violated or continues
to violate this Part 1 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.
B.ย
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:
A.ย
Notwithstanding any other section of this Part 1, any user who is found to have violated any provision of this Part 1 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.ย
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:
A.ย
When the Superintendent finds that a user has violated or continues
to violate this Part 1 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:
B.ย
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:
A.ย
Any user who violates the following conditions of this Part 1 or
a wastewater discharge permit or administrative order or any applicable
state and federal law, is subject to permit termination:
(1)ย
Violation of permit conditions or conditions of an administrative
order;
(2)ย
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3)ย
Failure to report significant changes in operations or wastewater
constituents and characteristics;
(4)ย
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring or sampling; or
(5)ย
Failure to pay administrative fines, fees or user charges.
B.ย
Noncompliant industrial users will be notified, by registered mail,
of the proposed termination of their wastewater permit.
C.ย
The user may, within 15 calendar days of the date the Superintendent
mails such notification, petition the Superintendent to permit continued
use of the POTW by the user. Such petition shall be in written form
and shall be transmitted to the Superintendent by registered mail.
The Superintendent shall then:
A.ย
Whenever a user has violated or continues to violate the provisions
of this Part 1 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.
B.ย
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:
A.ย
The Superintendent may order any user appealing administrative remedies for violations of this Part 1 to show cause, before the Town of Verona 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 of Verona 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 of Verona 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 ยงย 196-135 of this Part 1. 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 ยงย 196-135.
B.ย
The Town of Verona Town Board may itself conduct the hearing or may
designate any of its members or any officer or employee of the Town
of Verona to conduct the hearing and may:
(1)ย
Issue, in the name of the Town of Verona 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;
(2)ย
Take the evidence;
(3)ย
Take sworn testimony; and/or
(4)ย
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Town of Verona
Town Board for action thereon.
C.ย
After the Town of Verona 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.
In the event that the Superintendent issues any administrative order, terminates the user's permit or makes any fine as set forth in this Part 1 and the user fails, within the designated period of time set forth, to petition the Superintendent, as provided in appropriate sections of this Part 1, 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 or Superintendent shall desire or be required to give pursuant to any sections of this Part 1 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 1 shall be mailed to the user where the user's effluent is discharged into transmission lines to the POTW. Any notice, petition or other communication mailed to the Superintendent shall be addressed and mailed to Town of Verona, 6600 Germany Road, P.O. Box 249, Durhamville, New York 13054.
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 Part 1. The Superintendent may utilize
more than one administrative remedy established pursuant to this Part
1 and the Superintendent may hold one show cause hearing combining
more than one enforcement action.
A.ย
Any person who violates any of the provisions of or who fails to
perform any duty imposed by this Part 1 or any administrative order
or determination of the Superintendent promulgated under this Part
1 or the terms of any permit issued hereunder, shall be liable to
the Town of Verona 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 Part 1. Each violation shall be a separate and distinct
violation and in the case of continuing violation, each days'
continuance thereof shall be deemed a separate and distinct violation.
Such penalty may be recovered in an action brought by the Town of
Verona Attorney or his designated attorney, at the request of the
Superintendent in the name of the Town of Verona, in any court of
competent jurisdiction giving preference to courts local to the Town
of Verona. In addition to the above described penalty, the Superintendent
may recover all damages incurred by the Town of Verona from any persons
or users who violate any provisions of this Part 1 or who fail to
perform any duties imposed by this Part 1 or any administrative order
or determination of the Superintendent promulgated under this Part
1 or the terms of any permit issued hereunder. In addition to the
above described damages, the Superintendent may recover all reasonable
attorney's fees incurred by the Town of Verona in enforcing the
provisions of this Part 1, including reasonable attorney's 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.
B.ย
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.ย
Such civil penalty may be released or compromised by the Superintendent
before the matter has been referred to the Town of Verona Attorney
and where such matter has been referred to the Town of Verona 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 of
Verona Attorney, with the consent of the Superintendent.
A.ย
In addition to the power to assess penalties as set forth in this
Part 1, the Superintendent shall have the power, following the hearing
held in conformance with the procedures set forth in this Part 1,
to seek an order:
B.ย
Any such court order shall be sought in an action brought by the
Town of Verona Attorney, at the request of the Superintendent, in
the name of the Town of Verona, in any court of competent jurisdiction
giving precedence to courts local to the Town of Verona.
C.ย
The Town of Verona Attorney, at the request of the Superintendent
shall petition the Court to impose, assess and recover such sums imposed
according to this Part 1. In determining 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.
A.ย
Any person who willfully violates any provision of this Part 1 or
any final determination or administrative order of the Superintendent
made in accordance with this Part 1 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 days' continuance thereof
shall be deemed a separate and distinct offense.
B.ย
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
1 or wastewater permit or who falsifies, tampers with or knowingly
renders inaccurate any monitoring device or method required under
this Part 1 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.ย
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 1 or permit or order issued hereunder, the Superintendent,
through counsel may petition the Court, in the name of the Town of
Verona, 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.
A.ย
Notwithstanding any inconsistent provisions of this Part 1, 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 POTW 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 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 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
Part 1.
B.ย
If the user is not within the geographic boundaries of the Town of
Verona the right of summary abatement to discontinue, abate or alleviate
conditions or activities shall be those prescribed in the intermunicipal
agreement.
C.ย
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 POTW or the environment.
A.ย
If there shall be any payments which are due to the Town of Verona or any Department or District thereof, pursuant to any article or section of this Part 1, 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 of Verona, 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.ย
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 October 1 of any year, the Superintendent
shall report the names of the defaulting persons to the Town of Verona
Town Board, the Town of Verona Clerk, the Town of Verona Tax Assessor
and the Town of Verona Supervisor on or before October 1 of the same
year. The Town of Verona Tax 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 1, to the real property taxes due and owing to Town
of Verona in the next succeeding year, and the Town of Verona Tax
Assessor is directed to collect the same in the same manner as real
property taxes due and owing to the Town of Verona are collected.
C.ย
Where charges are delinquent and the violator is not a resident of
the Town of Verona or is located outside the geographical boundaries
of the Town of Verona or in such instance where no real property taxes
are due and owing to the Town of Verona, then the Town of Verona 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 article, to the real
property taxes due to the county in the next ensuing year.
The Superintendent may decline to reissue a permit to any user
which has failed to comply with the provisions of this Part 1 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 Superintendent to be necessary to
achieve consistent compliance.
The Superintendent may decline to reissue a permit to any user
which has failed to comply with the provisions of this Part 1 or any
order or previous permit issued hereunder, unless the user first submits
proof that it has obtained financial assurances payable to the POTW
sufficient to restore or repair POTW damage caused by its discharge.
The Superintendent, subject to approval of the Town Board, 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, subject to approval of the Town Board,
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 Superintendent shall provide public notification, in the
daily newspaper with the largest circulation in the Town of Verona,
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.ย
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
of Verona.
B.ย
Existing contracts for the sale of goods or services to the Town
of Verona held by a user found to be in significant violation with
pretreatment standards may be terminated at the discretion of the
Town of Verona Town Board.