Village of Great Neck, NY Enforcement and Penalties for Offenses

When the Superintendent finds that a user has violated or continues to violate any provision of 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 but not limited to the installation of pretreatment technology, additional self-monitoring and management practices.

The user may, within 15 calendar days of receipt of such order, petition the Superintendent to modify or suspend the order. Such petition shall be in writing and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then:

Reject the petitions; or

Modify or suspend the order.

Fines. 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 or any rule or regulation adopted pursuant to the provisions of this chapter hereunder, shall be fined in an amount not to exceed $1,000 per violation. Each day in which noncompliance shall occur or continue shall be deemed a separate and distinct violation.

Cease-and-desist orders. When the Superintendent finds that a user has violated or continues to violate any provision of 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:

Comply forthwith; and/or

Take such appropriate remedial or preventive action as may be necessary to properly address a continuing or threatened violation, including halting operations or terminating the discharge.

Termination of permit.

Any user who violates the following conditions of this chapter or a wastewater discharge permit or administrative order, or any applicable state or federal law, is subject to permit termination:

Violation of permit conditions;

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; or

(d)

Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling.

Noncompliant 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 said 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:

Reject any frivolous petitions; or

Order the petitioner to show cause in accordance with Subsection F of this section and may as part of the show-cause notice request the user to supply additional information.

Show-cause hearing.

The Superintendent may order any user appealing administrative remedies for violations of this chapter to show cause, before the Board of Trustees of the Village ("Board"), why any enforcement action, initiated by the Superintendent, should not be taken. A notice shall be served on the user specifying the time and place of the hearing to be held by the Board regarding the violation, the reasons why the action is to be taken and the proposed enforcement action. Said notice shall direct the user to show cause before the Village Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing in accordance with Subsection H of this section. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment. The notice of the hearing shall be served at least 10 calendar days before the hearing, in accordance with Subsection H of this section.

The Board may itself conduct the hearing, or may designate any of its members or any officer or employee of the Village to conduct the hearing. Said person or persons shall:

Issue, in the name of the Board, notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in said hearings;

Take the evidence;

(c)

Take sworn testimony; and

(d)

Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Board for action thereon.

(3)

After the Board has reviewed the evidence and testimony, it may order the user to comply with the Superintendent's order or fine, modify the Superintendent's order or fine or vacate the Superintendent's order or fine.

Failure of user to petition the Superintendent. 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 appropriate subsections of this section, the user shall be deemed in default and its rights to contest the administrative order or fine shall be deemed waived.

Notice. The notices, orders, petitions or other notification which the user or Superintendent shall desire or be required to give pursuant to any subsection of this section 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 Village's POTW. Any notice, petition or other communication mailed to the Superintendent shall be addressed and mailed to the Village Hall of the Village.

Right to choose multiple remedies. The Superintendent shall have the right, within the Superintendent's sole discretion, to utilize any one or more appropriate administrative remedies set forth in 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.

Court orders.

In addition to the power to assess penalties as set forth in this article, the Superintendent shall have the power, following the hearing held in conformance with the procedures set forth in this article, to seek an order:

Suspending, revoking or modifying the violator's wastewater discharge permit; or

Enjoining the violator from continuing the violation.

Any such court order shall be sought in an action brought by the Village Attorney, at the request of the Superintendent, in the name of the Village, in any court of competent jurisdiction giving precedence to courts local to the Village.

(3)

The Village Attorney, at the request of the Superintendent, shall petition the court to impose, assess and recover such sums imposed according to this article. In determining the amount of liability, the court shall take into account all relevant circumstances, including but not limited to the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the user's violation, corrective actions taken by the user, the compliance history of the user and any other factor that justice requires.

Summary abatement.

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 may 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 Superintendent 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. If notice is impracticable or the user fails to comply voluntarily with an emergency order, the Superintendent may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 calendar days, the Superintendent shall provide the user an opportunity to be heard, in accordance with the provisions of this chapter.