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.
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
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.
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.