Whenever the Building Inspector, based on his/her own information
or information obtained from NYCDEP, 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 Building Inspector may serve upon such person a written notice
stating the nature of the violation. Within 10 calendar days of the
date the Building Inspector mails the notice, an explanation of the
violation and a plan for the satisfactory correction and prevention
thereof shall be submitted to the Building Inspector 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 Building Inspector, based on his/her own information or
information obtained from NYCDEP, 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 Building Inspector 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 Building Inspector, 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 Building Inspector 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 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 communication
mailed to a user of the Grahamsville WWTP sewer system pursuant to
the sections of this chapter shall be mailed to the user where the
user's effluent is discharged into the Grahamsville WWTP's
sewer system and a copy of any of the above-noted notices, orders,
or petitions shall also be sent to NYCDEP. Any notice, petition, or
other communication mailed to the Building Inspector shall be mailed
to Town of Neversink Building Inspector, 273 Main Street, PO Box 307,
Grahamsville, New York 12740, unless this address is otherwise changed.
The Building Inspector may utilize more than one administrative
remedy established pursuant to this article, and he/she may hold one
show-cause hearing combining more than one enforcement action. The
Building Inspector shall consult with NYCDEP to arrive at an appropriate
administrative remedy for violations of the provisions of this chapter
involving discharges to the Grahamsville WWTP sewer system.
Whenever a user has violated or continues to violate the provisions
of this chapter or permit or order issued hereunder, the Building
Inspector, through counsel may petition a court of competent jurisdiction,
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 Building Inspector.
The Building Inspector is authorized to pay up to $500 for information
leading to the discovery of noncompliance by a user of the Grahamsville
WWTP sewer system. In the event that the information provided results
in an administrative fine or civil penalty levied against the user
of the Grahamsville WWTP sewer system, the Building Inspector is authorized
to disperse up to 10% of the collected fine or penalty to the informant.
However, a single reward payment may not exceed $10,000, including
the discovery reward.
The Building Inspector shall provide public notification, in
the daily newspaper with the largest circulation in the Town, of users
which were in significant noncompliance of local or federal pretreatment
standards or requirements since the last such notice. The frequency
of such notices shall be at least once per year.