A.
If, for any reason, a facility does not comply with
or will be unable to comply with any prohibition or limitations in
this chapter, the facility responsible for such discharge shall take
immediate corrective action to prevent continued harm to the treatment
works and shall immediately notify the Director so that additional
corrective action may be taken to protect the treatment works. In
addition, a written report addressed to the Director detailing the
date, time and cause of the accidental discharge, the quantity and
characteristics of this discharge and corrective action taken at the
time of the discharge, and action taken to prevent future discharges,
shall be filed by the responsible person within five days of the occurrence
of the noncomplying discharge.
B.
Such notification will not relieve users of liability
for any expense, loss or damage to the sewer system, treatment plant
or treatment process or for any fines imposed on the Authority.
C.
At least once every two years, the Authority shall
evaluate whether each such significant industrial user needs a plan
to control discharges of a nonrouting/nonepisodic nature, including
but not limited to an accident or spill or a noncustomary batch discharge.
If the POTW decides that a control plan is needed, then such control
plan shall contain, at a minimum, a description of the discharge practices,
including nonroutine batch discharges, and a description of stored
chemicals. The control plan shall further include procedures for immediately
notifying the POTW of such discharges, including any discharge that
would violate a prohibition under 40 CFR 403.5(b) with procedures
for follow-up notification within five days. The control plan shall
further include, if necessary, procedures to prevent adverse impact
from accidental spills, including inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading operations,
control of plant site, building of containment structures or equipment,
measures for containing toxic organic pollutants (including solvents),
and/or measures and equipment for emergency responses.
Whenever the Director finds that any person
has violated or is violating this chapter, or any prohibition, limitation
or requirement contained herein, he may serve upon such person a written
notice stating the nature of the violation and providing a reasonable
time, not to exceed 30 days, for the satisfactory correction thereof.
A.
When the Authority finds that a discharge of wastewater
has been taking place, in violation of prohibitions or limitations
of this chapter, or the provisions of a wastewater discharge permit,
the Director may issue an order to cease and desist and direct that
those persons not complying with such prohibitions, limits, requirements
or provisions to:
B.
In addition to its other powers under this Sewer Use
Ordinance, the Authority or the Executive Director, if time does not
permit the convening of a quorum of the Authority, may also suspend
sewer service (without notification) in order to stop discharge which
presents an imminent or substantial hazard to the public health, safety
or welfare of persons, to the local environment, or which interferes
with the operation of the treatment plant; this in effect, would require
an industrial user to immediately shut down the violating process.
In the event the user fails to comply with the suspension order by
failing to stop or eliminate the violation, the Authority will take
such other means as necessary to physically stop the discharge to
the sewers.
A.
In the event that sampling performed by the industrial
user indicates a violation, said user shall notify the authority within
24 hours of becoming aware of the violation. The user shall also repeat
the sampling and analysis and submit the results of the repeat analysis
to the authority within 30 days after becoming aware of the violation,
except that the industrial user is not required to resample if the
authority itself performs the sampling at the industrial user at a
frequency of at least once per month or the authority performs sampling
at the user between the time when the user performs its initial sampling
and the time when the user receives the result of this sampling.
B.
User(s) will report to the Authority and the Authority's
Industrial Pretreatment Coordinator, as appropriate, any exceedance
of an effluent limitation that causes injury to persons or damage
to the environment or poses a threat to human health or the environment,
within two hours of its occurrence, or of user(s) becoming aware of
the occurrence. Within 24 hours thereof or of an exceedance, or of
becoming aware of an exceedance, or of an effluent limitation for
a toxic pollutant, user(s) shall provide the Authority and/or the
Authority's Industrial Pretreatment Coordinator with such additional
information on the discharge as may be required by the Authority,
including an estimate of the danger posed by discharge to the environment,
whether the discharge is continuing and the measures taken, or being
taken, to remediate the problem and any damage to the environment
and avoid a repetition of the problem.
C.
In addition to the reporting requirements stipulated
in the permit issued by the WNYMUA, user(s) shall further be required
to file monthly reports with the Authority if user(s) has in any month
committed a serious violation or failed to submit a completed discharge
self-monitoring report and does not contest or unsuccessfully contested
the assessment of a civil administrative penalty therefor, or if user(s)
has exceeded an effluent limitation for the same pollutant at the
same discharge point source by any amount for four out of six consecutive
months. The WNYMUA may restore the original reporting requirements
stipulated in the permit if user(s) has not committed any of the violations
identified herein for six consecutive months.
D.
User(s) shall further be required to report to the
Authority any serious violation within 30 days of the violation, together
with a statement indicating that user(s) understands the civil administrative
penalties required to be assessed for serious violations and explaining
the nature of the serious violations and the measures taken to remedy
the cause or prevent a recurrence of the serious violations.
When the Authority finds that a discharge of
wastewater has been taking place, in violation of prohibitions or
limitation prescribed in this chapter or wastewater source control
requirements, effluent limitations or pretreatment standards, or the
provisions of a wastewater discharge permit, the Authority may require
the user to submit for approval, with such modifications as it deems
necessary, a detailed time schedule of specific actions which the
user shall take in order to prevent or correct a violation of requirements.
A.
If the violation is not corrected by timely compliance,
the Director may order any person who causes or allows an unauthorized
discharge to show cause before the Authority why service should not
be terminated. A notice shall be served on the offending party, specifying
the time and place of a hearing to be held by the Authority regarding
the violation, and directing the offending party to show cause before
said Authority why an order should not be made directing the termination
of service. The notice of the hearing shall be served personally or
by registered or certified mail (return receipt request) at least
10 days before the hearing. Service may be made on any agent or officer
of a corporation.
B.
The Authority may itself conduct the hearing and take
the evidence or may designate any of its members or any officer or
employee of the assigned department to:
(1)
Issue in the name of the Authority notices of hearings
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in any such hearings;
(2)
Take the evidence; or
(3)
Transmit a report of the evidence and hearing, including
transcripts/records and other evidence, together with recommendations
to the Authority for action thereof.
C.
At any public hearing, testimony taken before the
Authority or any person designated by it must be under oath and recorded
either by the hearing officer in a summary manner or stenographically.
In the latter case, the transcript, so recorded will be made available
to any member of the public or any part to the hearing upon payment
of the usual charges thereof.
D.
After the Authority has reviewed the evidence, it
may issue an order to the party responsible for the discharge directing
that, following a specified time period, the sewer service be discontinued
unless adequate treatment facilities, devices or other related appurtenances
shall have been installed or existing treatment facilities, devices
or other related appurtenances are properly operated and such further
orders and directives as are necessary and appropriate.
A.
Any user, permit applicant or permit holder affected
by any decision, action or determination, including cease and desist
orders, made by the Director in interpreting or implementing the provisions
of this chapter or any permit issued hereunder may file with the Director
a written request for reconsideration within 10 days of such decision,
action or determination, setting forth in detail the facts supporting
the user's request for reconsideration.
B.
If the ruling made by the Director is unsatisfactory
to the person requesting reconsideration, he may, within 10 days after
notification of Authority action, file a written appeal for the Authority's
governing body. The written appeal shall be heard by the body within
30 days from the date of filing. The Authority's governing body shall
make a final ruling of the appeal within 10 days of the close of the
meeting. The Director's decision, action or determination shall remain
in effect during such period of reconsideration.
