A.
Notification of violation. Whenever the Superintendent finds that
any user has violated or is violating this chapter or any permit,
order, prohibition, limitation or requirement permitted by this chapter,
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.
C.
Administrative or compliance orders.
(1)
When the Superintendent finds that a user has violated or continues
to violate this chapter or a permit or administrative order issued
thereunder, he may issue an administrative order to the user responsible
at the direction of the Town Board directing that, following a specified
time period, water 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.
(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 chapter, any user who is
found to have violated any provision of this chapter, or permit or
administrative order issued hereunder, shall, at the discretion of
the Town Board, 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.
(2)
The user may, within 15 calendar days of notification of the Superintendent's
notice of such fine, petition the Town Board to modify or suspend
the order. Such petition shall be in written form and shall be transmitted
to the Town Board by registered mail. The Town Board shall then:
E.
Cease and desist orders.
(1)
When the Superintendent finds that a user has violated or continues
to violate this chapter or any permit or administrative order issued
hereunder, the Town Board 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 Town Board
issues notification of such order, petition the Town Board to modify
or suspend the order. Such petition shall be in written form and shall
be transmitted to the Town Board by registered mail. The Town Board
shall then:
F.
Termination of permit.
(1)
Any user who violates the following conditions of this chapter or
a permit or administrative order, or any applicable state and federal
law, is subject to permit termination:
(a)
Violation of permit conditions or conditions of an administrative
order;
(b)
Failure to terminate, relieve or remove a cross-connection;
(c)
Refusal of reasonable access to the user's premises for
the purpose of inspection or monitoring; or
(d)
Failure to pay administrative fines, fees or user charges.
(2)
The user may, within 15 calendar days of the date the Town Board
issues such notification, petition the Town Board to permit continued
use of the service by the user. Such petition shall be in written
form and shall be transmitted to the Superintendent by registered
mail. The Town Board shall then:
G.
Water supply severance.
(1)
Whenever a user has violated or continues to violate the provisions
of this chapter 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
compliance or 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 Town Board may order any user appealing administrative remedies for violations of this chapter 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 Subsection J. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment or to owner or owners occupant in the case of a residential service. The notice of the hearing shall be served at least 10 calendar days before the hearing, in accordance with Subsection J.
(2)
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:
(a)
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.
(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 of Verona
Town Board for action thereon.
(3)
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.
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 section
and the user fails, within the designated period of time set forth,
to petition the Superintendent, as provided in appropriate subsections
of this section, 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 chapter 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 chapter shall be mailed to the user
where the user's service is connected into district lines. Any
notice, petition or other communication mailed to the Superintendent
shall be addressed and mailed to the Town of Verona, 6600 Germany
Road, P.O. Box 249, Durhamville, New York 13054.
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
section. The Superintendent may utilize more than one administrative
remedy established pursuant to this section, and the Town Board 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 chapter, or any administrative order
or determination of the Superintendent promulgated under this chapter
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 section. 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 chapter, or who fail to
perform any duties imposed by this chapter or any administrative order
or determination of the Superintendent promulgated under this chapter,
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 chapter, 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.
(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 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.
B.
Court orders.
(1)
In addition to the power to assess penalties as set forth in this
section, the Superintendent shall have the power, following the hearing
held in conformance with the procedures set forth in this section,
to seek an order:
(2)
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.
(3)
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 section. 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.
C.
Criminal penalties.
(1)
Any person who willfully violates any provision of this chapter or
any final determination or administrative order of the Superintendent
made in accordance with this section 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.
(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 chapter
or permit or who falsifies, tampers with or knowingly renders inaccurate
any monitoring device or method required under this chapter 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 chapter 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.
E.
Summary abatement. Notwithstanding any inconsistent provisions of
this chapter, 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 water system
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 section.
