A.
The Town Board 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 Town Board will investigate instances
of noncompliance;
(2)
Describe the types of escalated enforcement actions
that the Town Board 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.
Whenever the Town Board 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 Town Board may serve upon such person a written
notice stating the nature of the violation. Within 10 calendar days
of the date the Town Board mails the notice, an explanation of the
violation and a plan for the satisfactory correction and prevention
thereof shall be submitted to the Town Board 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 Town Board 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 Town Board 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 calendar days of receipt of
such order, petition the Town Board to modify or suspend the order.
Such petition shall be in written form and shall be transmitted to
the Town Board by certified mail. The Town Board shall then:
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 notification
of the Town Board's notice of such fine, petition the Town Board to
modify or suspend the order. Such petition shall be in written form
and shall be transmitted to the Town Board by certified mail. The
Town Board shall then:
A.
When the Town Board finds that a user has violated
or continues to violate this chapter or any permit or administrative
order issued hereunder, the Town Board 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 Town Board mails notification of such order, petition the Town
Board to modify or suspend the order. Such petition shall be in written
form and shall be transmitted to the Town Board by certified mail.
The Town Board shall then:
A.
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:
(1)
Violation of permit conditions or conditions of an
administrative order;
(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; or
(5)
Failure to pay administrative fines, fees or user
charges.
B.
Noncompliant industrial users will be notified, by
certified mail, of the proposed termination of their wastewater permit.
C.
The user may, within 15 calendar days of the date
the Town Board mails such notification, petition the Town Board to
permit continued use of the POTW by the user. Such petition shall
be in written form and shall be transmitted to the Town Board by certified
mail. The Town Board shall then:
A.
Whenever a user has violated or continues to violate
the provisions of this chapter or an order or permit issued hereunder,
water service from the public water system to the user may be severed,
and service will only recommence, at the user's expense, after it
has satisfactorily demonstrated its ability to comply.
B.
The user may, within 15 calendar days of severance,
petition the Town Board to reconnect water supply service. Such petition
shall be in written form and shall be transmitted to the Town Board
by certified mail. The Town Board shall then:
A.
The Town Board may 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 Town Board, 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 calendar days before the hearing in accordance with § 169-89 of this article. 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 § 169-89.
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 and:
(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)
Take sworn testimony;
(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 order or fine,
modify the order or fine, or vacate the order or fine.
In the event the Town Board 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 Town Board, 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 Town Board 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, 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 Town's POTW. Any notice,
petition, or other communication mailed to the Town Board shall be
addressed and mailed to the Town Hall of the Town.
The Town Board shall have the right, within
the Town Board's sole discretion, to utilize any one or more appropriate
administrative remedies set forth in this article. The Town Board
may utilize more than one administrative remedy established pursuant
to this article, and the Town Board 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 Town Board 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, or his designated
attorney, at the request of the Town Board in the name of the Town,
in any court of competent jurisdiction giving preference to courts
local to the Town. In addition to the above described penalty, the
Town Board 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 Town Board promulgated under this chapter,
or the terms of any permit issued hereunder. In addition to the above
described damages, the Town Board 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 Board 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 Town Board 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 this article, the Town Board shall have the power, following
the hearing held in conformance with the procedures set forth in this
article, to seek an order:
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.
C.
The Town Attorney, at the request of the Town Board,
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, any economic benefit gained through the user's
violation, corrective actions by the user, the compliance history
of the user, and any other factor as justice requires.
A.
Any person who willfully violates any provision of
this chapter or any final determination or administrative order of
the Town Board 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 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 a permit or order issued
hereunder, the Town Board, 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 Town Board.
A.
Notwithstanding any inconsistent provisions of this
chapter, whenever the Town Board finds, after investigation, that
any user is causing, engaging in, or maintaining a condition or activity
which, in the judgment of the Town Board, 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 Town Board 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; or where the giving
of notice is impracticable, or in the event of a user's failure to
comply voluntarily with an emergency order, the Town Board may take
all appropriate action to abate the violating condition. As promptly
as possible thereafter, not to exceed 15 calendar days, the Town Board
shall provide the user an opportunity to be heard, in accordance with
the provisions of this article.
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 those prescribed in
the intermunicipal agreement.
C.
The Town Board, acting upon the belief that an emergency
exists, shall be indemnified against any personal liability that may
arise in the performance of its duties to protect the public health,
safety, or welfare, or to preserve the POTW or the environment.
A.
If there shall be any payments which are due to the
Town, or any department thereof, pursuant to any article or section
of this chapter, which shall remain due and unpaid, in whole or in
part, for a period of 30 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
20% 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 December 15 of any year, the Town
Clerk shall report the names of the defaulting persons to the Town
Board on or before March 15 of the next year. The Town Clerk 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 Receiver of
Taxes is directed to collect the same in the same manner as real property
taxes due and owing to the Town are collected.
The Town Board 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 Town Board to be
necessary to achieve consistent compliance.
The Town Board 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.
The Town Board is authorized to pay up to $500
for information leading to the discovery of noncompliance by a user.
In the event that the information provided results in an administrative
fine or civil penalty levied against the user, the Town Board 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.
All property owners within the original sewer
district shall connect to the sewer system within one year of notification
of the startup of the POTW and the collection system. Penalties will
be assessed in accordance with provisions specified in other sections
of this article.
