Whenever the Director 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 Director may serve upon such person a written Notice of Violation
stating the nature of the violation. Within 10 calendar days of the
date that the Director serves the Notice of Violation, the user shall
submit to the Director an explanation of the violation and a plan
for the satisfactory correction and future prevention thereof. 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 Director shall notify DEP of all such violations within 48 hours
of issuance of the Notice of Violation.
The Director 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. The Director may consult with the DEP as to the remedial action
being ordered prior to the issuance of the Consent Order.
In the event the Director 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 Director, 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.
The Director shall have the right, within the Director's sole
discretion, to utilize any one or more appropriate administrative
remedies set forth in this article. The Director may utilize more
than one administrative remedy established pursuant to this article,
and the Director may hold one show cause hearing that combines more
than one enforcement action.
Whenever a user has violated or continues to violate the provisions
of this chapter or permit or order issued hereunder, the Director,
through counsel, may petition the Court, in the name of the City of
Port Jervis, 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 Director.
The Director 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 City of Port Jervis, in a sum
not to exceed a value determined by the Director to be necessary to
achieve consistent compliance.
The Director 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.
The Director 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 Director 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 Director shall provide public notification, in the daily
newspaper with the largest circulation in the City, of users who were
in significant noncompliance with local or federal pretreatment standards
or requirements since the last such notice. The frequency of such
notices shall be at least once per year.