The provisions, rules and regulations pertaining to administrative, judicial, and supplemental enforcement actions and proceedings, as contained in Article XIV, Section 125-124 through 125-134, Article XV, Section 125-135 through 125-37 and 125-39 through 125-140, and Article XVI, Sections 125-141 through 125-145, of the WCWSA Sewer Use Rules are adopted and incorporated by reference as if fully set forth herein.
A.
A user who has violated, or continues to violate, any provision of
this Part 2 or the WCWSA Sewer Use Rules incorporated by reference,
an individual wastewater discharge permit, or order issued hereunder
or any other pretreatment standard or requirement, as defined herein
or under the WCWSA Sewer Use Rules, shall, upon conviction thereof,
be guilty of a Class A misdemeanor, punishable by a fine of not more
than $1,000 per violation or the maximum amount permitted by applicable
law, or imprisonment for not more than one year, or both. In the case
of a monthly or other long-term average discharge limit, penalties
shall accrue for each day during the period of the violation.
B.
A user who introduces any substance into the POTW that causes personal
injury or property damage shall, upon conviction, be guilty of a Class
A misdemeanor, punishable by a fine of not more than $1,000 per violation
or the maximum amount permitted by applicable law, or imprisonment
for not more than one year, or both. This penalty shall be in addition
to any other cause of action for personal injury or property damage
available under state law.
C.
A 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 Part
2 or the WCWSA Sewer Use Rules incorporated by reference, individual
wastewater discharge permit, or order issued hereunder, or who falsifies,
tampers with, or knowingly renders inaccurate any monitoring device
or method required under this Part 2 or the WCWSA Sewer Use Rules
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 the
maximum amount permitted by applicable law, or imprisonment for not
more than one year, or both.
D.
No prosecution, under this section, shall be instituted until after
final disposition of a show cause hearing, if any, is instituted.
E.
Any prosecution brought against a user shall not be a bar against,
or a prerequisite for, the Executive Director taking any other action
or actions against a user.
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 with pretreatment
standards may be terminated at the discretion of the Town Board.
