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.
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.
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.
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.