The Director or Chief Operator is hereby authorized to enforce
all pretreatment requirements necessary to ensure compliance with
the terms and conditions of the City of Geneva State Pollutant Discharge
Elimination System Permit issued by the NYSDEC pursuant to the Act.
A.
The City may immediately suspend wastewater treatment service and/or
an industrial wastewater discharge permit when such suspension is
necessary, in the opinion of the City, in order to stop an actual
or threatened discharge which presents or may present an imminent
or substantial endangerment to the health or welfare of persons or
to the environment, cause interference to the POTW, or cause the City
to violate any condition of its SPDES permit.
B.
Any person verbally or in writing notified by the City of an immediate
suspension of wastewater treatment service and/or an industrial wastewater
discharge permit shall immediately stop or eliminate the contribution.
In the event of a failure of the person to comply immediately with
the suspension notification and order, the City shall take such steps
as deemed necessary, including immediate severance of wastewater treatment
service and sewer connection to prevent or minimize damage to the
POTW system or endangerment to any individuals or the environment.
The City shall reinstate the industrial wastewater discharge permit
and/or the wastewater treatment service upon proof of the elimination
of the noncomplying discharge.
Whenever the Director or Chief Operator finds that any user
has violated or is violating this chapter, the industrial wastewater
discharge permit, or any prohibition, limitation or requirement contained
herein, the City may serve upon such person a written notice stating
the nature of the violation. Within 15 days of the date of the notice,
a plan for the satisfactory correction thereof shall be submitted
to the Director or Chief Operator by the user.
A.
The City may order any user who causes or allows an unauthorized
discharge to enter the POTW to show cause before a Sewer Complaint
Review Board why the proposed or enacted enforcement action should
not be taken or continued. The Board shall consist of the Mayor of
the City, the Deputy Mayor and the City Manager. A notice shall be
served on the user specifying the time and place of a hearing to be
held by the Board regarding the violation, the reasons that the action
is to be or has been taken, and the proposed or implemented enforcement
action, and directing the user to show cause before the Board why
the proposed or implemented enforcement action should not be taken
or continued. The notice of the hearing shall be served personally
or by registered or certified mail (return receipt requested) at least
15 days before the hearing. Service may be made on any agent or officer
of a corporation.
B.
Any user of the POTW aggrieved by any action taken by the Director or Chief Operator pursuant to this § 277-69 may seek review of such action by filing a petition with the Sewer Complaint Review Board. A copy of the petition shall be filed with the City Manager, who shall schedule a hearing before the Sewer Complaint Review Board and notify the user of the time and place of the hearing, which shall be at least 15 days after filing the petition. The hearing proceedings shall be governed by the applicable provisions set forth in § 277-69.
C.
Any final civil penalty and/or administrative action, fine or order
issued by the Sewer Complaint Review Board shall be reviewable pursuant
to a proceeding commenced pursuant to Article 78 of the Civil Practice
Law and Rules within 30 days of the final determination of the Sewer
Complaint Review Board being filed with the City Manager.
D.
Whenever, because of danger to the public health, safety or welfare,
it appears prejudicial to the public interest to delay action for
15 days, the Director or Chief Operator may serve the respondent with
an order requiring certain action or the cessation of certain activities
immediately or within a specified period of less than 15 days, and
the Director or Chief Operator shall provide an opportunity to be
heard within 15 days after the date the order is served.
E.
The Board may itself conduct the hearing and take the evidence, or
may designate any of its members or any officer or employee of the
Department of Public works to:
(1)
Issue in the name of the 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)
Take the evidence.
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Board for
action thereon.
F.
In conducting any hearing proceedings authorized by this chapter,
the Sewer Complaint Review Board, or its designee, shall adhere to
the applicable procedures set forth in Article 3 of the New York State
Administrative Procedure Act, and, in particular, be bound by the
evidentiary requirements set forth in § 306 therein.
G.
The City Attorney may prefer charges, attend hearings, present the
facts, and take any and all proceedings in connection therewith.
H.
At a hearing, the respondent may appear personally, shall have the
right of counsel, and may cross-examine witnesses against him and
produce evidence and witnesses in his behalf.
I.
A record, or summary thereof, of the proceedings of said hearings
shall be made and filed with the Department. If requested to do so
by any interested party concerned with said hearing, the full stenographic
notes of the testimony presented at said hearing shall be taken and
filed. The stenographer shall, upon the payment of his fees allowed
by law therefor, furnish a certified transcript of the whole or any
part of his notes to any party to the action requiring the same.
J.
Unless precluded by law, disposition may be made of any hearing by stipulation, agreed settlement, consent order, default, or other informal method. Within 10 days of the notice specified in § 277-68, the user may request a prehearing conference with the City's representatives for an informal disposition of any or all charges.
K.
Upon request made by any party upon the Department within a reasonable
time, but prior to the time for commencement of judicial review, of
its giving notice of its decision, determination, opinion or order,
the Board or its representative shall prepare the record together
with any transcript of proceedings within a reasonable time and shall
furnish a copy of the record and transcript or any part thereof to
any party as he may request. Except when any law provides otherwise,
the Department is authorized to charge not more than its cost for
the preparation and furnishings of such record or transcript or any
part thereof, or the rate specified in the contract between the agency
and a contractor if prepared by a private contractor.
L.
After conducting a hearing proceeding authorized by this section,
the City, or its designee, retains its right to modify and/or amend
its initial determination prior to a final ruling by the Sewer Complaint
Review Board.
M.
A user shall have an affirmative defense in any action brought against
it alleging a violation of the general prohibitions established in
40 CFR 403.5(a)(1) and the specific prohibitions in 40 CFR 403.5(b)(3),
(4), and (5) where the user can demonstrate that:
(1)
It did not know or have reason to know that its discharge, along
or in conjunction with a discharge or discharges from other sources,
would cause pass-through or interference; and
(2)
Local limit.
(a)
A local limit designed to prevent pass-through and/or interference,
as the case may be, was developed in accordance with 40 CFR 403.5(c)
for each pollutant in the user's discharge that caused pass-through
or interference, and the user was in compliance with each such local
limit directly prior to and during the pass-through or interference;
or
(b)
If a local limit designed to prevent pass-through and/or interference,
as the case may be, has not been developed in accordance with 40 CFR
403.5(c) for the pollutant(s) that caused the pass-through or interference,
the user's discharge directly prior to and during the pass-through
or interference did not change substantially the nature or constituents
from the user's prior discharge activity when the POTW was regularly
in compliance with the POTW's NPDES permit requirements and,
in the case of interference, applicable requirements for sewage sludge
use or disposal.
N.
Nothing contained in this § 277-69 shall prevent, abridge and/or abrogate the authorities and procedures granted to the City as set forth in § 277-67 to take immediate measures to prevent or stop an actual or threatened wastewater discharge that presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, cause interference to the POTW, or cause the City to violate any condition of its SPDES permit.
