A.
The Superintendent 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. 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 Superintendent will investigate instances of
noncompliance.
(2)
Describe the types of escalated enforcement actions that the
Superintendent 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 Town Board'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 magnitude of the violation, duration of the violation, effect of
the violation on the receiving water, effect of the violation on the
POTW, compliance history of the user, good faith of the user and shall
promote consistent and timely use of enforcement remedies.
E.
The Town Board shall approve the enforcement response plan. The enforcement
response plan provides for a consistent and timely approach to enforcement,
and the Board's approval is not needed before an enforcement action
is undertaken. The enforcement response plan shall be reviewed at
least every five years.
Whenever the Superintendent 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 Superintendent may serve upon such person a written notice stating
the nature of the violation. Within 10 calendar days of the date the
Superintendent mails the notice, an explanation of the violation and
a plan for the satisfactory correction and prevention thereof shall
be submitted to the Superintendent, by the user. 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 Superintendent 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 Superintendent 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 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 days of receipt of such order, petition the Superintendent to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then order the petitioner to show cause in accordance with § 235-118 and may, as part of the show cause notice, request the user to supply additional information.
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. 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 the date of the Superintendent's notice of such fine, petition the Superintendent to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then order the petitioner to show cause in accordance with § 235-118.
A.
When the Superintendent finds that a user has violated or continues
to violate this chapter or any permit or administrative order issued
hereunder, the Superintendent 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 Superintendent mails notification of such order, petition the Superintendent to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then order the petitioner to show cause in accordance with § 235-118.
A.
Any user who violates the following conditions of this chapter or
a wastewater discharge permit or administrative order or any applicable
or state and federal law is subject to permit termination:
(1)
Violation of permit conditions.
(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.
B.
Noncompliant industrial users will be notified, by registered mail, of the proposed termination of their wastewater permit. The user may, within 15 calendar days of the date the Superintendent mails such notification, petition the Superintendent to permit continued use of the POTW by the user. Such petition shall be in writing and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then order the petitioner to show cause in accordance with § 235-118.
A.
The Superintendent shall 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 Superintendent, 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 days before the hearing in accordance with § 235-120.
B.
The Town Board may itself conduct the hearing and take evidence or
may designate any of its members or any officer or employee of the
Town 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)
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, it may order the
user to comply with the Superintendent's administrative order or fine,
modify the Superintendent's administrative order or find or vacate
the Superintendent's administrative order or fine.
In the event that the Superintendent 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 Superintendent as provided in the 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 Superintendent shall desire or be required to give pursuant
to any sections of this article shall be in writing and shall be sent
by certified mail or registered 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 communications mailed to the user pursuant to the sections
of this article shall be mailed to the user at the address where the
user's effluent is discharged into transmission lines to the Town's
POTW. Any notice, petition or other communication mailed to the Superintendent
shall be addressed and mailed to the Town Hall of the Town.
The Superintendent shall have the right within the Superintendent's
sole discretion to utilize any one or more appropriate administrative
remedies set forth in the sections of this article. The Superintendent
may utilize more than one administrative remedy established pursuant
to this article, and the Superintendent may hold one show cause hearing
combining 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 Superintendent 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 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 at the request
of the Superintendent in the name of the Town in any court of competent
jurisdiction.
B.
In addition to the above described penalty, the Superintendent may
recover all damages incurred by the Town from any persons or users
who violate any of the provisions of this chapter or who fail to perform
any duties imposed by this chapter or any administrative order or
determination of the Superintendent promulgated under this chapter
or the terms of any permit issued hereunder.
C.
In addition to the above described damages, the Superintendent may
recover all reasonable attorney's fees incurred by the Town in enforcing
the provisions of this chapter, including reasonable attorneys' fees
incurred in any action to recover penalties and damages, and the superintendent
may also recover court costs and other expenses associated with the
enforcement activities, including sampling and monitoring expenses.
D.
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.
A.
Any person who willfully violates any provision of this chapter 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 person 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 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 Superintendent,
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 Superintendent.
A.
Notwithstanding any inconsistent provisions of this chapter, whenever the Superintendent finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in the judgment of the Superintendent, 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, the Superintendent may take all appropriate action to abate the violation, including immediate severance and abatement of the user's sewer connection in order to prevent the user's effluent from entering into transmission lines leading to the Town's POTW. The Superintendent, as promptly as possible thereafter, not exceeding 10 calendar days, shall order the user to show cause, in accordance with the procedure set forth in § 235-118, why the user's right to use the transmission lines and the Town's POTW shall be discontinued and abated until the condition or activity which presents an eminent danger to the public health, safety or welfare or to the environment or is likely to result in damage to the POTW or the environment is in itself abated and discontinued and steps taken by the user to come in compliance with this chapter, permit or administrative order which may have been issued hereunder. 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 include the immediate right to sever the transmission line at the Town's geographical boundaries where such transmission line enters the Town in order to protect the public interest.
[Amended 12-14-1994 by L.L. No. 12-1994]
B.
The Superintendent, 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 sewer system of the Gananda Sewer District.
A.
If there shall be any payments which are due to the Town or any department
thereof, pursuant to 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.
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 October 31 of any year, the Superintendent
shall report the names of the defaulting persons to the Town Supervisor,
the Town Clerk and the Assessor on or before October 31 of the same
year. The Town Assessor is hereby 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 and owing to the Town in the next succeeding
year, and the Town Assessor is directed to collect the same in the
same manner as real property taxes due and owing to the Town are collected.
C.
Where charges are delinquent and the violator is not a resident of
the Gananda Sewer District or is located outside the geographical
boundaries of the Gananda Sewer District, then the Town Attorney is
authorized to seek recovery of charges 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 tax assessment or other sewer
charges which shall be in default, plus penalty and interest, as provided
for in this chapter, to the real property taxes due to the county
in the next ensuing year.
The Superintendent 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 Superintendent, to be necessary
to achieve consistent compliance.
The Superintendent 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.
