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.
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.