A. The Inspector 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 may be subject
to some type of enforcement response. The response shall be comprehensive
and effective.
B. The Enforcement Response Plan shall:
(1)
Describe how the Inspector will investigate instances of noncompliance.
(2)
Describe the types of escalated enforcement actions that the
Inspector 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; effect of the violation on the health and safety of the
POTW employees 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 shall be reviewed at least every five years.
F. The Enforcement Response Plan shall provide public notification,
in a newspaper selected by the Town Board, of users which were in
significant noncompliance of local or federal pretreatment standards
since the last such notice. The frequency of such notices shall be
at least once per year.
Whenever the Inspector 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 Inspector may serve upon such person a written notice stating
the nature of the violation. Within 10 calendar days of the date the
Inspector mails the notice, an explanation of the violation and a
plan for the satisfactory correction and prevention thereof shall
be submitted to the 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 Inspector 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 Inspector finds that a user has violated or continues to
violate this chapter or a permit or administrative order issued thereunder,
he may issue by personal service or registered mail an administrative
order to the user responsible for the discharge that orders one or
more of the following: (i) imposes a penalty pursuant to § 905;
(ii) imposes a cease-and-desist order pursuant to § 906;
or (iii) directing that, following a specified time period, sewer
service shall be discontinued, severed and abated in accordance with § 907
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 calendar days of receipt of such order, petition
the Inspector to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Inspector by registered
mail. Within 10 calendar days of receipt of the petition, the Inspector
shall issue a written decision either:
(1)
Rejecting any frivolous petitions; or
(2)
Modifying or suspending the order.
C. Within 15 calendar days of receipt of the Inspector's decision,
the user may seek a hearing pursuant to § 908 hereof.
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.
When the Inspector finds that a user has violated or continues
to violate this chapter or any permit or administrative order issued
hereunder, the Inspector may issue an administrative order to cease
and desist all such violations and direct those persons in noncompliance
to:
B. Take such appropriate remedial or preventive action as may be needed
to properly address a continuing or threatened violation, including
halting operations or terminating the discharge.
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 and/or discontinuance
of sewer service:
A. Violation of permit conditions or conditions of an administrative
order;
B. Failure to accurately report the wastewater constituents and characteristics
of its discharge;
C. Failure to report significant changes in operations or wastewater
constituents and characteristics;
D. Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring, or sampling; or
E. Failure to pay administrative fines, fees or user charges.
A. Within 10 days after receipt of the request for hearing, the Inspector
shall serve a notice on the user specifying the time and place of
a hearing to be held by the Town Board regarding the violation, a
summary of the reasons why the action is to be taken and a summary
of the evidence in support of the violation. The notice of the hearing
shall be served at least 10 calendar days before the hearing in accordance
with § 910 of this article. Copies of such notice shall
be provided to the property owner.
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, who may then:
(1)
Issue, in the name of the Town Board, notices of hearings compelling
the attendance and testimony of witnesses, and the production of evidence
relevant to any matter involved in such hearings;
(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 Inspector's order or fine,
modify the Inspector's order or fine, or vacate the Inspector's
order or fine.
In the event the 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 Inspector, as provided in appropriate
sections of this article, or to seek a hearing, 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 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 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 POTW. Any notice, petition, or other communication mailed to
the Inspector shall be addressed and mailed to the Town Hall of the
Town.
The Inspector shall have the right to utilize any one or more
appropriate administrative remedies set forth in this article. The
Inspector may utilize more than one administrative remedy established
pursuant to this article. A hearing hereunder can combine more than
one enforcement action.
A. In lieu of the administration enforcement action taken by the Inspector
and/or to enforce an administrative order, the Town Attorney, upon
approval by the Town Board, may commence a civil action against a
user 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 Inspector issued under this chapter, or the terms of any permit
issued hereunder. In such action, such person 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. Each violation shall be separate and
distinct; 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,
in any court of competent jurisdiction, giving preference to courts
local to the Town. In addition to the above-described penalty, the
Town 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 Inspector issued under this chapter, or the
terms of any permit issued hereunder. In addition to the above-described
damages, the Town 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 Town may also recover court
costs, 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 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.
C. Such civil penalty may be released or compromised by the Inspector
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 Town Board.
A. In addition to the power to assess penalties as set forth in § 912
above, the court shall have the power, following the hearing, to issue
an order:
(1)
Suspending, revoking, or modifying the violator's wastewater
discharge permit; or
(2)
Enjoining the violator from continuing the violation.
B. Any such court order shall be sought in an action brought by the
Town Attorney, at the request of the Town Board, in the name of the
Town, in any court of competent jurisdiction, giving precedence to
courts local to the Town.
A. Any person who willfully violates any provision of this chapter or
any final determination or administrative order of the Inspector 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 authorized
by the Town Board, by resolution.
Whenever a user has violated or continues to violate the provisions
of this chapter or permit or order issued hereunder, the Town Attorney,
as authorized by the Town Board, 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 compliance with any order or determination
thereunder by the Inspector.
A. Notwithstanding any inconsistent provisions of this chapter, whenever
the Inspector finds, after investigation, that any user is causing,
engaging in, or maintaining a condition or activity which, in the
judgment of the Inspector, 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 Inspector may, without prior hearing, order such
user by notice, in writing wherever practicable, or in such other
form as practices are intended to be proscribed, to discontinue, abate,
or alleviate such condition or activity, and thereupon such person
shall immediately discontinue, abate, or alleviate such condition
or activity. As promptly as possible thereafter, not to exceed 15
calendar days, the Inspector shall provide the user an opportunity
for a hearing before the Town Board in accordance with § 908.
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 that prescribed in the intermunicipal
agreement or Town-user agreement.
C. The Inspector, acting pursuant to this article upon the belief that
an emergency exists, shall be indemnified by the Town 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.
A. If there shall be any fines, penalties, or other charges due to a violation of this chapter, which are due to the Town, or Sewer District pursuant to any article or section of this chapter (other than pursuant to Article
14), 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 interest shall accrue on the unpaid balance, at the rate of 2% per month, retroactive to the date of the original billing.
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 November 1 of any year, the Inspector
shall report the names of the defaulting persons to the Town Supervisor,
the Town Clerk, the Town Chief Assessor, and the Town Treasurer on
or before November 1 of the same year. The Town Chief 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 Town in the next succeeding year, and the Town Chief
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 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 appropriate county where the user is located
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 Inspector 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, or may require, as a condition
of reissuance, such user to first file with the Town a satisfactory
bond, payable to the Olive WWTP Sewer System, in a sum not to exceed
a value determined by the Inspector to be necessary to achieve consistent
compliance.
The Inspector 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 damage to the POTW caused by its discharge.