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
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.
