When the City Engineer finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit, order issued hereunder or any other pretreatment standard or requirement, the City Engineer may serve upon that user a written notice of violation. Within 10 days of receipt of said notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the City Engineer. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section limits the City Engineer's authority from taking any emergency or other enforcement action necessary, prior to issuing a notice of violation.
The City Engineer may serve notice to order a user who has violated or continues to violate any provision of this chapter, a wastewater discharge permit, order issued hereunder or any other pretreatment standard or requirement, to appear and show cause why enforcement should not be taken. In addition to the user having to show cause why the proposed enforcement action should not be taken, the notice will specify the time and place for the meeting, the proposed enforcement action and the reasons for such action. Said notice will be served personally or by registered or certified mail (return receipt requested) at least five days prior to the hearing. Such notice may be served on any authorized representative of the user. A show cause hearing shall not prohibit or be a prerequisite from the City Engineer taking any other emergency or enforcement action deemed necessary.
The City Engineer may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement, with any user responsible for noncompliance. Such documents will include specific action to be taken by the user to correct the noncompliance within a period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to §§ 340-37 and 340-38 of this chapter and shall be judicially enforceable.
When the City Engineer finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit, order issued hereunder or any other pretreatment standard or requirement, the City Engineer may issue an order to the user responsible for the discharge directing that the user come into compliance within a specified period of time. If the user does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices or other related appurtenances are installed and properly operated. Compliance orders may also contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the sewer. A compliance order may not extend the deadline for compliance established for a pretreatment standard or requirement, nor does a compliance order relieve the user of liability for any violation, including any continuing violation. Issuance of a compliance order shall not prohibit or be a prerequisite from the City Engineer taking any other emergency or enforcement action deemed necessary.
When the City Engineer finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit order issued hereunder or any other pretreatment standard or requirement or that the users past violations are likely to recur, the City Engineer may issue an order directing the user to cease and desist all such violations and to immediately comply with all requirements and take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not prohibit or be a prerequisite from the City Engineer taking any other emergency or enforcement action deemed necessary.
A. 
The City Engineer may immediately suspend a user's discharge after informal notice to the user whenever such suspension is necessary to stop an actual or threatened discharge which reasonably appears to present or cause an imminent or substantial endangerment to the environment, human health or welfare or threatens to interfere with the operation of the POTW.
(1) 
Any user notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of a user's failure to immediately comply voluntarily with the suspension order, the City Engineer may take such steps as deemed necessary, including immediate severance of the sewer connection to prevent or minimize damage to the POTW, its receiving stream or endangerment to human health or welfare. The City Engineer may allow the user to recommence its discharge when the user has demonstrated to the satisfaction of the City Engineer that the period of endangerment has passed, unless the termination proceedings in § 340-40 of this chapter are initiated against the user.
(2) 
A user that is responsible in whole or in part for any discharge presenting endangerment shall submit, prior to the date of any show cause or termination hearing under §§ 340-35 or 340-40 of this chapter, a detailed written statement to the City Engineer describing the causes of the harmful contribution and the measures taken to prevent any future occurrence.
B. 
Nothing in this section shall be interpreted as requiring a hearing prior to any emergency suspension that is initiated.
A. 
In addition to the provisions in § 340-21 of this chapter, any user who violates the following conditions may be subject to discharge termination, at the discretion of the City Engineer:
(1) 
Violation of wastewater discharge permit conditions;
(2) 
Failure to accurately report the wastewater constituents and characteristics of its discharge;
(3) 
Failure to report anticipated significant changes in operations, wastewater volume, constituents and characteristics prior to discharge;
(4) 
Refusal of reasonable access to the user's premises for the purpose of inspection, monitoring or sampling; or
(5) 
Violation of the pretreatment standards in Article IV of this chapter.
B. 
Such user shall be notified of the proposed termination of its discharge and be offered an opportunity to show cause under § 340-35 of this chapter, why the proposed action should not be taken. Exercise of this option shall not prohibit or be a prerequisite from the City Engineer taking any other action deemed necessary against the user.
When the City Engineer finds that a user has violated or continues to violate any provision of this chapter, a wastewater discharge permit, order issued hereunder or any other pretreatment standard or requirement, the City Engineer may petition the New York State Supreme Court, through the Corporation Counsel of the City of Kingston, for the issuance of a temporary or permanent injunction as appropriate, which restrains or compels the specific performance of the wastewater discharge permit, order or other requirement imposed by this chapter, on activities of the user. The City Engineer may also seek such other action as is appropriate for legal and /or equitable relief, including a requirement for the user to conduct environmental remediation. A petition for injunctive relief shall not prohibit or be prerequisite from the City Engineer taking any other action deemed necessary, against the user.
A. 
A user who has violated or continues to violate any provision of this chapter, a wastewater discharge permit, order issued hereunder or any other pretreatment standard or requirement shall be liable to the City of Kingston for a maximum civil penalty of not less than $1,000 per violation, per day. In the case of a monthly or other long term average discharge limit violations, penalties shall accrue for each day during the period of said violation.
B. 
The City Engineer may recover reasonable attorney's fees, court costs and other expenses associated with enforcement activities, including sampling and monitoring expenses, as well as any actual damages incurred by the city.
C. 
In determining the amount of civil 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 by the user; the compliance history of the user; and any other factor as justice requires.
D. 
Filing a suit for civil penalties shall not prohibit or be a prerequisite from the City Engineer taking any other action deemed necessary, against the user.
A. 
A user who willfully or negligently violates any provision of this chapter, a wastewater discharge permit or order issued hereunder or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not more than $1,000) dollars per violation per day or imprisonment for not more than one year, or both. A user who willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000 or be subject to 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.
B. 
A user who knowingly makes any false statements, representations or certifications in any application, record, report, plan or other documentation filed or required to be maintained, pursuant to this chapter, wastewater discharge permit or order issued hereunder or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this chapter shall, upon conviction, be punished by a fine of not more than $1,000 dollars per violation, per day, or imprisonment for not more than one year, or both. In the event of a second conviction, a user 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.
The remedies provided for in this chapter are not exclusive. The City Engineer may take any, all or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city's Enforcement Response Plan. However, the City Engineer may take other action against any user when the circumstances warrant. Further, the City Engineer is empowered to take more than one enforcement action simultaneously against any noncompliant user.
Any penalty or order issued by the City Engineer pursuant to this article shall be reviewable in a proceeding pursuant to Article 78 of the CPLR. Application for such review must be made within 60 days after service, in person or by mail, of a copy of the determination or order upon the attorney of record of the applicant and of each person who has filed a notice of appearance or the applicant in person if not directly represented by an attorney.
A. 
The City Engineer shall provide public notification, in the daily newspaper with largest circulation in the city, of industrial users which were significantly in violation of local or federal pretreatment standards or requirements since the last such notice.
B. 
The frequency of such notice shall be at least once per year.
C. 
For the purposes of this section, a significant violation shall be one which causes significant noncompliance with national or local pretreatment standards. These procedures shall include provision for at least annual public notification, in the largest daily newspaper in the municipality in which the POTW is located, of industrial users which, at any time during the previous 12 months, were in significant noncompliance with applicable pretreatment requirements. For the purposes of this provision, an industrial user is in significant noncompliance if its violation meets one or more of the following criteria:
[Amended 4-5-2011 by L.L. No. 5-2011, approved 4-19-2011]
(1) 
Chronic violations of wastewater discharge limits, defined here as those in which 66% or more of all measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for national pretreatment standards or instantaneous maximums (for local limits) for the same pollutant parameter;
(2) 
Technical review criteria (TRC) violations, defined here as those in which 33% or more of all of the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit of the average limit for national pretreatment standards or instantaneous maximums (for local limits) multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil and grease, and 1.2 for all other pollutants, except pH);
(3) 
Any other violation of pretreatment effluent limit (daily maximum or longer-term average or instantaneous maximums) that the control authority determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);
(4) 
Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency power under 40 CFR 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
(5) 
Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;
(6) 
Failure to provide, within 30 days after the due date, required reports such as baseline monitoring reports, ninety-day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
(7) 
Failure to accurately report noncompliance; or
(8) 
Any other violation or group of violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.