ADMINISTRATIVE REMEDIES
A.
Whenever the Authority 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 Authority
may serve upon such person a written notice stating the nature of
the violation. Within 10 calendar days of the date the Authority mails
the notice, an explanation of the violation and a plan for the satisfactory
correction and prevention thereof shall be submitted by the user to
the Authority. 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.
Such written notice shall state the nature of the violation and provide
a reasonable time limit for the satisfactory correction thereof, which
time limit shall in no event be longer than 90 days. The offender
shall, within the period of time stated in such notice, permanently
cease all violations.
The Authority 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.
A.
When the Authority 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 directing that, following a specified time period, sewer
service shall be discontinued, severed and abated unless the violation
is corrected and 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 receipt of such order, petition
the Authority to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Authority by certified
mail, return receipt requested. The Authority shall then:
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 $1,000 per violation, plus any expense,
loss, or damage occasioned by the Town by reason of such violation.
Each day on which noncompliance shall occur or continue shall be deemed
a separate and distinct violation.
B.
The user may, within 15 calendar days of notification of the Authority's
notice of such fine, petition the Authority to modify or suspend the
order. Such petition shall be in written form and shall be transmitted
to the Authority by certified mail, return receipt requested. The
Authority shall then:
A.
When the Authority finds that a user has violated or continues to
violate this chapter or any permit or administrative order issued
hereunder, the Authority may issue an administrative order to cease
and desist all such violations and direct those persons in noncompliance
to:
B.
The user may, within 15 calendar days of the date the Authority mails
notification of such order, petition the Authority to modify or suspend
the order. Such petition shall be in written form and shall be transmitted
to the Authority by certified mail, return receipt requested. The
Authority shall then:
A.
Any user who violates the following conditions of this chapter or
a wastewater discharge permit or administrative order, or any applicable
state and 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 will be notified by certified mail,
return receipt requested, of the proposed termination of their wastewater
permit.
C.
The user may, within 15 calendar days of the date the Authority mails
such notification, petition the Authority to permit continued use
of the POTW by the user. Such petition shall be in written form and
shall be transmitted to the Authority by certified mail, return receipt
requested. The Authority shall then:
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 user may, within 15 calendar days of severance, petition the
Authority to reconnect water supply service. Such petition shall be
in written form and shall be transmitted to the Authority by certified
mail, return receipt requested. The Authority shall then:
A.
The Authority may order any user appealing administrative remedies for violations of this chapter to show cause before the Town Board why an enforcement action initiated by the Authority 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 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 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 § 251-100 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 notice of the hearing shall be served at least 10 calendar days before the hearing, in accordance with § 251-100.
B.
The Town Board may itself conduct the hearing, or may designate any
of its members or any officer or employee of the Town to conduct the
hearing; to:
(1)
Issue, in the name of the 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;
(2)
Take the evidence;
(3)
Take sworn testimony;
(4)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Town Board
for action thereon.
C.
After the Town Board has reviewed the evidence and testimony, it
may order the user to comply with the Authority's order or fine, modify
the Authority's order or fine, or vacate the Authority's order or
fine.
In the event the Authority 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 Authority, 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 notices, orders, petitions, or other notification which
the user or Authority 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, 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 effluent
is discharged into transmission lines to the Town POTW. Any notice,
petition, or other communication mailed to the Authority shall be
addressed and mailed to the Town Hall of the Town of Lyons.
The Authority shall have the right, within the Authority's sole
discretion, to utilize any one or more appropriate administrative
remedies set forth in this article. The Authority may utilize more
than one administrative remedy established pursuant to this article,
and the Authority may hold one show-cause hearing combining more than
one enforcement action.
JUDICIAL REMEDIES
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 Authority promulgated under this chapter,
or the terms of any permit issued hereunder shall be liable to the
Town 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
article. Each violation shall be a separate and distinct violation;
and in the case of a 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 Town Attorney or his
designated attorney, at the request of the Authority in the name of
the Town, in any court of competent jurisdiction, giving preference
to courts local to the Town. In addition to the above-described penalty,
the Authority may recover all damages incurred by the Town 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 Authority promulgated under this chapter,
or the terms of any permit issued hereunder. In addition to the above-described
damages, the Authority may recover all reasonable attorney's fees
incurred by the Town in enforcing the provisions of this article,
including reasonable attorney's fees incurred in any action to recover
penalties and damages, and the Authority may also recover court costs,
disbursements, 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 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
relevant factors as justice may require.
C.
Such civil penalty may be released or compromised by the Authority
before the matter has been referred to the Town Attorney; and where
such matter has been referred to the Town 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 Attorney, with
the consent of the Authority.
A.
In addition to the power to assess penalties as set forth in this
article, the Authority shall have the power, following the hearing
held in accordance 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
Town Attorney, at the request of the Authority, in the name of the
Town in any court of competent jurisdiction, giving preference to
courts local to the Town.
C.
The Town Attorney, at the request of the Authority, shall petition
the court to impose, assess, and recover such sums imposed according
to this article. 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.
A.
Any person who willfully violates any provision of this chapter or
any final determination or administrative order of the Authority 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 Authority,
through counsel, may petition the court, in the name of the Town,
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 Authority.
A.
Notwithstanding any inconsistent provisions of this chapter, whenever
the Authority finds after investigation that any user is causing,
engaging in, or maintaining a condition or activity which, in the
judgment of the Authority, 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 Authority 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 Authority may take all appropriate action to abate the
violating condition. As promptly as possible thereafter, not to exceed
15 calendar days, the Authority shall provide the user an opportunity
to be heard, in accordance with the provisions of this article.
B.
If the user is not within the geographic boundaries of the Town,
the right of summary abatement to discontinue, abate, or alleviate
conditions or activities shall be those prescribed in the intermunicipal
agreement.
C.
The Authority, 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.
MISCELLANEOUS
A.
If there shall be any payments which are due to the Town, 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 20 calendar days from the date of billing by the Town, the same
shall constitute a default, and there shall be added to the entire
amount of the original bill a penalty equal to 10% of the original
bill.
B.
The officer or body charged with the collection of sewer rents shall
annually certify to the Town Clerk the amount of all such unpaid sewer
rents, including penalties computed to the first day of the month
following the month in which the fiscal year commences, with a description
of the real property affected thereby. The Town Clerk shall present
such certificate to the Board and shall enter the same or an abstract
thereof in the minutes of the meeting.
C.
The Town shall levy such amounts against the real property liable
therefor as a part of the annual Town tax levy, setting forth such
amounts in a separate column in the annual tax roll. The sewer fund
shall be credited with the amount of an unpaid sewer rent, including
penalties; and such amount, when collected, shall be credited to the
sewer fund.
D.
In the event that there are any sewer taxes, assessments, or other
service charges which shall have been delinquent for a period of at
least 60 calendar days as of January 1 of any year, the Town Treasurer
shall report the names of the defaulting persons to the Town Board
on or before January 1 of the same year. The Clerk-Treasurer is also
thereby directed to add the entire amount of the sewer tax, 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 Town in the next succeeding year, and the Clerk-Treasurer is directed
to collect the same in the same manner as real property taxes due
and owing to the Town are collected.
E.
Where charges are delinquent and the violator is not a resident of
the Town, or is located outside the geographical boundaries of the
Town, then the Town Attorney is authorized to seek recovery of charges,
including punitive damages, in a court of competent jurisdiction or
make arrangements with the county 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 Authority 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 POTW, in a sum not to exceed
a value determined by the Authority to be necessary to achieve consistent
compliance.
The Authority 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 Authority shall provide public notification in the official
Town newspaper of users which 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.
A.
Users which have not achieved consistent compliance with applicable
pretreatment standards and requirements are not eligible to receive
a contractual award for the sale of goods or services to the Town.
B.
Existing contracts for the sale of goods or services to the Town
held by a user found to be in significant violation of pretreatment
standards may be terminated at the discretion of the Town Board.
