Whenever the Superintendent of Public Works determines that there are
reasonable grounds to believe that there has been a violation of any provision
of this chapter or of any rule or regulation adopted pursuant thereto, he
shall give notice of such violation to the person or persons responsible therefor,
as herein provided. Such notice:
A.
Shall be in writing.
B.
Shall include a statement of the reasons why it is being
issued with reference to the sections of this chapter deemed to be violated.
C.
Shall allow a reasonable time for the performance of
any act it requires, not to exceed 30 days.
D.
Shall be served upon the owner or his agent and the occupant,
as the case may be, either by registered or certified mail or by personal
service.
E.
May also contain an outline of remedial action which,
if taken, will effect compliance with the provisions of this chapter and/or
with rules and regulations adopted pursuant thereto.
The Superintendent of Public Works or his designee 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 will 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 administrative
orders or compliance orders.
When the Superintendent of Public Works or his designee finds that a
user has violated or continues to violate this chapter or a wastewater discharge
permit or order issued hereunder, he may issue an order to the user responsible
for the discharge directing that, following a specified time period, sewer
service shall be discontinued unless adequate treatment facilities, devices
or other related appurtenances have been installed and are properly operated.
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.
A.
If the violation is not corrected by timely compliance,
the Superintendent of Public Works may order any user who causes or contributes
to violation of this chapter or discharge permit or order issued hereunder
to show cause before the Village of Endicott why the proposed enforcement
should not be taken. A notice shall be served to the user specifying the time
and place of a hearing to be held by the Village 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 Village why the proposed enforcement
action should not be taken.. The notice of hearing shall be served personally
or by registered or certified mail (return receipt requested) at least 10
days before the hearing. Notification may be made on any agent or officer
of a corporation.
B.
The Village may itself conduct the hearing and take the
evidence or may designate any of its members or any officer or employee to:
(1)
Issue, in the name of the Village, 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.
(3)
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the Village
for action thereon.
(4)
After the Village has reviewed the evidence, issue an
order to the user responsible for the discharge directing that, following
a specified time period, appropriate actions be taken.
(5)
Issue further orders and directives as are necessary
and appropriate.
C.
At any order-to-show-cause hearing, testimony taken before
the hearing authority or any person designated by it must be under oath and
recorded stenographically. The transcript or any part thereof so recorded
will be made available to any member of the public upon payment of the cost
of preparing same. The Village, however, may, pursuant to law, order certain
portions of the hearing to be held in private session. The transcript of any
hearing held in private session will not be made available to members of the
public except as provided by law.
When the Superintendent of Public Works or his designee finds that a
user has violated or continues to violate this chapter or any permit or order
issued hereunder, the Superintendent or his designee may issue an order to
cease and desist all such violations and direct those persons in noncompliance
to:
A.
Notwithstanding any other section of this chapter, any
user who is found to have violated any provision of this chapter, or permits
or orders issued hereunder, shall be fined in an amount not to exceed $1,000
per violation per day for each day on which noncompliance shall occur or continue.
B.
The user may, within 15 days of notification of such
fine, petition the Superintendent of Public Works or his designee to modify
or suspend the fine. Such petition shall be in written form and shall be transmitted
to the Superintendent of Public Works or his designee by registered mail.
The Superintendent of Public Works and/or his designee may:
A.
The Superintendent of Public Works or his designee may
suspend the service of the POTW and/or the discharge permit of any user when
such suspension is necessary, in the opinion of the Superintendent or his
designee, in order to stop an actual or threatened discharge which presents
or may present an imminent or substantial endangerment to the health or welfare
of persons, or to the environment, or causes interference to the POTW treatment
plant or causes the Village to violate any condition of its SPDES permit.
In the event of an emergency situation, the Superintendent or his designee
is required only to give verbal notice in order to immediately and effectively
halt a discharge which presents an imminent endangerment to the Village's
facilities, the environment, or the health and welfare of persons.
B.
Any person or user notified of a suspension of service
of the POTW and/or the discharge permit shall immediately stop or eliminate
the discharge. In the event of a failure of the person or user to comply voluntarily
with the suspension order, the Superintendent or his designee shall take such
steps as deemed necessary, including immediate severance of the sewer connection,
to prevent or minimize damage to the POTW or endangerment to any person(s).
The Superintendent or his designee shall reinstate the discharge permit and/or
POTW service upon proof of the elimination of noncomplying discharge. A detailed
written statement submitted by the user describing the causes of the harmful
contribution and the measures taken to prevent any future occurrence shall
be submitted to the Superintendent or his designee within 15 days of the date
of occurrence.
Any continuance of a violation of the substantive provisions of this
chapter shall be considered a public nuisance. If any person continues to
discharge sewage, industrial wastes or other wastes into the public sewer
system or into the Village of Endicott's Sewage Treatment Plant in violation
of this chapter or any order of the Village, the governing body may commence
an action for appropriate legal and/or equitable relief
Whenever a user has violated or continues to violate the provisions
of this chapter or permit or order issued hereunder, the Superintendent of
Public Works and/or his designee, through Corporation Counsel, may petition
the Court for the issuance of a preliminary or permanent injunction or both
(as may be appropriate) which restrains or compels the activities on the part
of the user.
All violations by users of the POTW shall be met with some type of enforcement
response in accordance with the guidance provided in the POTW enforcement
response plan.
A.
Except as may otherwise be determined through the legal
process under industrial pretreatment enforcement procedures, any person violating
any provisions of this chapter on sewers and sewage disposal shall be liable
to a fine of not less than $1,000 nor more than $5,000 in amount or to imprisonment
not exceeding one year, or to both fine and imprisonment. Each day in which
any violation of any provision of this chapter continues shall be deemed a
separate violation subject to additional penalties.
B.
In addition, the Village may recover court costs, attorney's
fees and other litigation expenses against the person found in violation of
the provisions of this chapter.
C.
Any person violating any provisions of this chapter shall
also become liable to the Village for any expense, loss or damage sustained
or incurred by the Village by reasons of such violation.
D.
All monies received as payment of fines or payment of
damages related to the POTW shall be deposited into the Sewer Fund.
E.
Any person violating any provisions of this chapter may
have his disposal authorization terminated by the Village and shall become
liable to the Village for any expense, loss, or damage sustained or incurred
by the Village by reason of such violation.
