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:
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.
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:
B. Take such appropriate remedial or preventative action
as may be needed to properly address a continuing or threatened violation,
including halting operations and terminating the discharge.
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.