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.
[Amended 9-13-1995 by L.L. No. 3-1995]
A. 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 as set forth in §
114-83. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation.
B. 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:
(1) Reject any frivolous petitions;
(2) Modify or suspend the fine; or
(3) Order the petitioner to show cause in accordance with §
114-77 and may, as part of the show-cause notice, request the user to supply additional information.
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 the user's 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's POTW. Any notice, petition or other communication
mailed to the Superintendent shall be addressed and mailed to the Town Hall.
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.
Whenever a user has violated or continues to violate the provisions
of this chapter or a permit or order issued hereunder, the Superintendent,
through counsel, may petition the court of competent jurisdiction, in the
name of the Town, 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.
The Superintendent may decline to reissue a permit to any user who has
failed to comply with the provisions of this chapter or any order or previous
permit issued hereunder unless such user first files with the Superintendent
a satisfactory bond, payable to the POTW, in a sum not to exceed a value determined
by the Superintendent to be necessary to achieve consistent compliance.
The Superintendent may decline to reissue a permit to any user who has
failed to comply with the provisions of this chapter or any order or previous
permit issued hereunder, unless the user first submits proof that the user
has obtained financial assurances sufficient to restore or repair POTW damage
caused by the user's discharge.
The Superintendent shall provide public notification in the daily newspaper
with the largest circulation in the Town of users who were in significant
noncompliance with local or federal pretreatment standards or requirements
since the last such notice. The frequency of such notices shall be at least
once per year.