A.
The Director 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. Such procedures shall be equivalent to procedures
described in the document entitled Pretreatment Compliance Monitoring
and Enforcement Guidance, USEPA, September 1986. All violations by
users of the POTW shall be met with some type of enforcement response.
The response shall be comprehensive and effective.
B.
The Enforcement Response Plan shall:
(1)
Describe how the Director will investigate instances of noncompliance.
(2)
Describe the types of escalated enforcement actions that the
Director 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)
Adequately reflect the City of Port Jervis Common Council's
responsibility to enforce all applicable standards and requirements.
C.
The Enforcement Response Plan shall contain:
(1)
Criteria for scheduling periodic inspection and/or sampling
visits to POTW users.
(2)
Forms and guidelines for documenting compliance data in a manner
which will enable the information to be used as evidence.
(3)
Systems to track due dates, compliance schedule milestones,
and pending enforcement actions.
(4)
Criteria, responsible personnel, and procedures to select and
initiate an enforcement action.
D.
The range of appropriate enforcement actions shall be based on the
nature and severity of the violation and other relevant factors, such
as:
(1)
Magnitude of the violation;
(2)
Duration of the violation;
(3)
Effect of the violation on the receiving water;
(4)
Effect of the violation on the POTW;
(5)
Effect of the violation on the health and safety of the POTW
employees;
(6)
Compliance history of the user;
(7)
Good faith of the user; and
(8)
Shall promote consistent and timely use of enforcement remedies.
E.
The City of Port Jervis Common Council shall approve the Enforcement
Response Plan. The Enforcement Response Plan shall be reviewed at
least every five years.
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.
A.
When the Director 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 for the
discharge or violation and 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.
The user may, within 15 calendar days of the date that the Director serves the Order, petition the Director to modify or suspend the Order. Such petition shall be in written form and shall be transmitted to the Director in accordance with § 445-130. The Director shall then:
(1)
Reject any frivolous petitions;
(2)
Modify or suspend the order; or
(3)
Order the petitioner to show cause in accordance with § 445-128 and may as part of the show cause notice request the user to supply additional information. The user is not relieved of any liability, criminal or civil, for unauthorized discharges or other violations that occur before or after the issuance of the administrative or compliance order or during the petition process.
A.
Notwithstanding any other section of this chapter, any user who is
found to have violated any provision of this chapter, or a wastewater
discharge permit or administrative order issued hereunder, shall be
fined in an amount not to exceed $20,000 per violation. Each day on
which noncompliance shall occur or continue shall be deemed a separate
and distinct violation.
A.
When the Director finds that a user has violated or continues to
violate this chapter or any permit or administrative order issued
hereunder, the Director may issue an administrative order to cease
and desist all such violations and direct those persons in noncompliance
to:
A.
Any user who violates the following conditions of this chapter or
a wastewater discharge permit or an administrative order, or any applicable
state and/or federal law, is subject to permit termination:
(1)
Violation of permit conditions or conditions of an administrative
order;
(2)
Failure to accurately report the wastewater constituents and
characteristics of its discharge;
(3)
Failure to report significant changes in operations or wastewater
constituents and characteristics;
(4)
Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling; or
(5)
Failure to pay administrative fines, fees or user charges.
B.
Noncompliant, industrial users shall be notified, by certified or registered mail, of the proposed termination of their wastewater permit in accordance with § 445-130. The user may, within 15 calendar days of the date that the Director mails such notification, petition the Director to permit continued use of the POTW by the user. Such petition shall be in written form and shall be transmitted to the Director in accordance with § 445-130.
A.
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 ability
to comply.
B.
The Director will notify the noncompliant user of the termination
of water service in accordance with Section 1111; however, water service
can be terminated immediately as an appropriate remedial or preventative
action to address a continuing or threatened violation. The user may,
within 15 calendar days of severance, petition the Director to reconnect
water supply service. Such petition shall be in written form and shall
be transmitted to the Director in accordance with Section 1111. The
Director shall then:
A.
The Director may order any user who appeals administrative remedies
for violations of this chapter to show cause, before the City of Port
Jervis Common Council, why an enforcement action, initiated by the
Director, 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 City
of Port Jervis Common Council 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 City of Port Jervis Common
Council why the proposed enforcement action should not be taken.
B.
The notice of the hearing shall be served at least 10 calendar days
before the hearing in accordance with Section 1111 of this article.
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 City
of Port Jervis Common Council itself may conduct the hearing, or it
may designate any of its members or any officer, employee or hearing
officer of the City of Port Jervis to conduct the hearing, which may
include:
(1)
Issuance, in the name of the City of Port Jervis, of notices
of hearings, requesting the attendance and testimony of witnesses,
and the production of evidence relevant to any matter involved in
such hearings;
(2)
The taking of evidence;
(3)
Taking sworn testimony;
(4)
Preparing a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations, to the City of
Port Jervis Common Council for action thereon.
C.
After the City of Port Jervis Common Council has reviewed the evidence
and testimony, it may order the user to comply with the Director's
order or fine, modify the Director's order or fine, or vacate the
Director's order or fine.
D.
Whether or not a duly notified user appears as noticed, immediate
enforcement action may be pursued.
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.
A.
The notices, orders, petitions, or other notification that the Director
or other City official shall 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. The notice, order, petition, or other communication shall
be deemed given upon its personal service or upon mailing as provided
herein. Any notice, administrative order, or communication mailed
to the user pursuant to this chapter shall be mailed to the service
address. The Director will use an alternate billing address for mailing
to the user, only if the user has provided the alternate address in
writing to the Assessor and/or billing office, prior to the date of
the Director's mailing.
B.
Any notice, petition, or other communication to the Director or other
City official shall be in writing and shall be sent by certified or
registered mail, return receipt requested, postage prepared, or shall
be served personally. Notices, petitions and other communications
to the Director or to other City official or to the DEP shall be deemed
given upon actual personal service or upon service of representative(s)
so designated to receive service. Otherwise, notices, orders, petitions,
or other communication shall be deemed given upon mailing as provided
herein.
(1)
To the Director:
Director of Public Works
City Hall, 20 Hammond Street
P.O. Box 1002
Port Jervis, New York 12771
(2)
To the Building Official:
Building Official
Building Department
City Hall, 20 Hammond Street
P.O. Box 1002
Port Jervis, New York 12771
(3)
To the Common Council of the City of Port Jervis:
City Hall, 20 Hammond Street
P.O. Box 1002
Port Jervis, New York 12771
(4)
To the DEP:
DEP - Port Jervis Wastewater Treatment Plant
46 North Maple Avenue
Port Jervis, New York 12771
Attention: Chief Operator
C.
The addresses listed in this chapter, for the purpose of giving notice
to City of Port Jervis officials and to NYCDEP officials, may be amended
by resolution of the Common Council, if necessary.
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.
A.
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 Director promulgated under this chapter, or
the terms of any permit issued hereunder, shall be liable to the City
of Port Jervis for a civil penalty not to exceed $20,000 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 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 City of Port Jervis attorney,
or his designated attorney, at the request of the Director in the
name of the City of Port Jervis, in any court of competent jurisdiction
giving preference to courts local to the City of Port Jervis. In addition
to the above-described penalty, the Director may recover all damages
incurred by the City of Port Jervis 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 Director promulgated under this chapter, or the terms of any
permit issued hereunder. In addition to the above-described damages,
the Director may recover all reasonable attorney's fees incurred by
the City of Port Jervis in enforcing the provisions of this article,
including reasonable attorney's fees incurred in any action to recover
penalties and damages, and the Director may also recover court costs,
and other expenses associated with the enforcement activities, including
sampling and monitoring expenses.
B.
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.
Such civil penalty may be released or compromised by the Director
before the matter has been referred to the City of Port Jervis attorney,
and where such matter has been referred to the City of Port Jervis
attorney, any such penalty may be released or compromised and any
action commenced to recover the same may be settled and discontinued
by the City of Port Jervis attorney, with the consent of the Director.
A.
In addition to the power to assess penalties as set forth in this
article, the Director shall have the power, following the hearing
held in conformance with the procedures set forth in this article,
to seek an order:
B.
Any such court order shall be sought in an action brought by the
City of Port Jervis attorney, at the request of the Director, in the
name of the City of Port Jervis, in any court of competent jurisdiction
giving preference to courts local to the City of Port Jervis.
C.
The City of Port Jervis attorney, at the request of the Director
shall petition the Court to impose, assess, and recover such sums
imposed according to this article. In determining the 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.
Any person who willfully violates any provision of this chapter or
any final determination or administrative order of the Director made
in accordance with this article 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 day's continuance thereof
shall be deemed a separate and distinct offense.
B.
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 wastewater 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.
C.
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 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.
A.
Notwithstanding any inconsistent provisions of this chapter, whenever
the Director finds, after investigation, that any user is causing,
engaging in, or maintaining a condition or activity which, in the
judgment of the Director, 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 Director may, without prior hearing, order such
user by notice, in writing wherever practicable or in such other form
as practices are intended to be prescribed, 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 Director may take all appropriate action to abate the violating
condition. As promptly as possible thereafter, not to exceed 15 calendar
days, the Director shall provide the user an opportunity to be heard,
in accordance with the provisions of this article.
B.
The Director, 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.
If there shall be any payments which are due to the City of Port
Jervis, or any Department thereof, pursuant to any article or section
of this chapter, which shall remain due and unpaid, in whole or in
part, for a period of 30 calendar days from the date of billing by
the City of Port Jervis, the same shall constitute a default, and
there shall be added to the entire amount of the original bill, a
penalty equal to 5% of the original bill.
B.
In the event that there are any sewer fees, assessments, or other
service charges which shall have been delinquent for a period of at
least 60 calendar days as of December 15 of any year, the City Clerk-Treasurer
shall report the names of the defaulting persons to the City of Port
Jervis Mayor, the Director and the Assessor, on or before December
15 of the same year. The City of Port Jervis Clerk-Treasurer is hereby
directed to add the entire amount of the sewer fee, assessment, or
other service charge which shall be in default, plus penalty and interest,
as provided for in this chapter, to the real property taxes due and
owing to City of Port Jervis in the next succeeding year, and the
City of Port Jervis Clerk is directed to collect the same in the same
manner as real property taxes due and owing to the City of Port Jervis
are collected.
C.
Where charges are delinquent and the violator is not a resident of
the City of Port Jervis, or is located outside the geographical boundaries
of the City of Port Jervis, then the City of Port Jervis 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 the Law, to the real property
taxes due to the county in the next ensuing year.
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.
