A.Â
The Superintendent 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 Town and village sewer systems. All
violations by users of the Town and village sewer systems shall be
met with some type of enforcement response. The response shall be
comprehensive and effective.
B.Â
The enforcement response plan shall:
(1)Â
Describe how the Superintendent will investigate instances
of noncompliance.
(2)Â
Describe the types of escalated enforcement actions
that the Superintendent 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)Â
Adequately reflect the Town of Albion Town Board's
responsibility to enforce all applicable standards and requirements.
C.Â
The enforcement response plan shall contain:
(1)Â
Criteria for scheduling periodic inspection and/or
sampling visits to Town and village sewer systems' users.
(2)Â
Forms and guidelines for documenting compliance data
in a manner which will enable the information to be used as evidence.
(3)Â
Systems to track due dates, compliance schedule milestones
and pending enforcement actions.
(4)Â
Criteria, responsible personnel and procedures to
select and initiate an enforcement action.
D.Â
The range of appropriate enforcement actions shall
be based on the nature and severity of the violation and other relevant
factors, such as:
(1)Â
Magnitude of the violation.
(2)Â
Duration of the violation.
(3)Â
Effect of the violation on the receiving water.
(4)Â
Effect of the violation on the Town and village sewer
systems.
(5)Â
Effect of the violation on the health and safety of
the Town and village sewer systems' employees.
(6)Â
Compliance history of the user.
(7)Â
Good faith of the user and shall promote consistent
and timely use of enforcement remedies.
E.Â
The Town of Albion Town Board shall approve the enforcement
response plan. The enforcement response plan shall be reviewed at
least every five years.
Whenever the Superintendent 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 Superintendent may serve upon such person a written
notice stating the nature of the violation. Within 10 calendar days
of the date the Superintendent mails the notice, an explanation of
the violation and a plan for the satisfactory correction and prevention
thereof shall be submitted to the Superintendent 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 Superintendent 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.Â
When the Superintendent finds that a user has violated
or continues to violate this chapter or a permit or administrative
order issued thereunder, he/she 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.Â
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 written form and shall be transmitted to
the Superintendent by registered mail. The Superintendent shall then:
A.Â
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.Â
The user may, within 15 calendar days of notification
of the Superintendent's notice of such fine, petition the Superintendent
to modify or suspend the order. Such petition shall be in written
form and shall be transmitted to the Superintendent by registered
mail. The Superintendent shall then:
A.Â
When the Superintendent finds that a user has violated
or continues to violate 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:
B.Â
The user may, within 15 calendar days of the date
the Superintendent mails notification of such order, petition the
Superintendent to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent shall then:
A.Â
Any user who violates the following conditions of
this chapter or a wastewater discharge permit or administrative order,
or any applicable state and federal law, is subject to permit termination:
(1)Â
Violation of permit conditions.
(2)Â
Failure to accurately report the wastewater constituents
and characteristics of its discharge.
(3)Â
Failure to report significant changes in operations
or wastewater constituents and characteristics.
(4)Â
Refusal of reasonable access to the user's premises
for the purpose of inspection, monitoring or sampling.
B.Â
Noncompliant industrial users will be notified, by
registered mail, of the proposed termination of their wastewater permit.
C.Â
The user may, within 15 calendar days of the date
the Superintendent mails such notification, petition the Superintendent
to permit continued use of the Town and village sewer systems by the
user. Such petition shall be in written form and shall be transmitted
to the Superintendent by registered mail. The Superintendent shall
then:
A.Â
Whenever a user has violated or continues to violate
the provisions of this chapter or an order or permit issued hereunder,
water service 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.Â
The user may, within 15 calendar days of severance,
petition the Superintendent to reconnect water supply service. Such
petition shall be in written form and shall be transmitted to the
Superintendent by registered mail. The Superintendent shall then:
A.Â
The Superintendent may order any user appealing administrative remedies for violations of this chapter to show cause before the Town of Albion Town Board why an enforcement action initiated by the Superintendent 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 of Albion 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 of Albion 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 § 100-113 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 § 100-113.
B.Â
The Town of Albion Town Board may itself conduct the
hearing or may designate any of its members or any officer or employee
of the Town of Albion to conduct the hearing and:
(1)Â
Issue, in the name of the Town of Albion 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)Â
Take the evidence.
(3)Â
Take sworn testimony.
(4)Â
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the
Town of Albion Town Board for action thereon.
C.Â
After the Town of Albion Town 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.
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 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 Superintendent 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 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 Town of Albion's Town and village sewer
systems. Any notice, petition or other communication mailed to the
Superintendent shall be addressed and mailed to the Town of Albion
Hall of the Town of Albion.
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.
A.Â
Civil actions for penalties.
(1)Â
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 Superintendent promulgated under this
chapter, or the terms of any permit issued hereunder, shall be liable
to the Town of Albion 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 of Albion Attorney, or his/her designated attorney, at the request
of the Superintendent in the name of the Town of Albion, in any court
of competent jurisdiction, giving preference to courts local to the
Town of Albion. In addition to the above-described penalty, the Superintendent
may recover all damages incurred by the Town of Albion 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 Superintendent promulgated under this chapter,
or the terms of any permit issued hereunder. In addition to the above-described
damages, the Superintendent may recover all reasonable attorney's
fees incurred by the Town of Albion in enforcing the provisions of
this article, including reasonable attorney's fees incurred in any
action to recover penalties and damages, and the Superintendent may
also recover court costs and other expenses associated with the enforcement
activities, including sampling and monitoring expenses.
(2)Â
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.
(3)Â
Such civil penalty may be released or compromised
by the Superintendent before the matter has been referred to the Town
of Albion Attorney, and where such matter has been referred to the
Town of Albion 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 of Albion Attorney, with the consent of the Superintendent.
B.Â
Court orders.
(1)Â
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:
(2)Â
Any such court order shall be sought in an action
brought by the Town of Albion Attorney, at the request of the Superintendent,
in the name of the Town of Albion, in any court of competent jurisdiction,
giving precedence to courts local to the Town of Albion.
(3)Â
The Town of Albion 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, 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.
C.Â
Criminal penalties.
(1)Â
Any person who willfully violates any provision of
this chapter or any final determination or administrative order of
the Superintendent 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.
(2)Â
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.
(3)Â
No prosecution under this section shall be instituted
until after final disposition of a show-cause hearing, if any, was
instituted.
D.Â
Additional injunctive relief. Whenever a user has
violated or continues to violate the provisions of this chapter or
permit or order issued hereunder, the Superintendent, through counsel,
may petition the court, in the name of the Town of Albion, 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 Superintendent.
E.Â
Summary abatement.
(1)Â
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 Town and village sewer
systems or the environment, 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
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; 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 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 article.
(2)Â
If the user is not within the geographic boundaries
of the Town of Albion, the right of summary abatement to discontinue,
abate or alleviate conditions or activities shall be those prescribed
in the intermunicipal agreement.
(3)Â
The Superintendent, acting upon the belief that an
emergency exists, shall be indemnified against any personal liability
that may arise in the performance of his/her duties to protect the
public health, safety or welfare or to preserve the Town and village
sewer systems or the environment.