A.
The Chief Operator and/or Enforcement Officer 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 POTW. All violations by
users of the POTW shall be met with some type of enforcement response.
The response shall be comprehensive and effective. The enforcement
response plan shall:
(1)
Describe how the Enforcement Officer will investigate instances of
noncompliance.
(2)
Describe the types of escalated enforcement actions that the Enforcement
Officer 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)
Adequately reflect the Town Board's responsibility to enforce
all applicable standards and requirements.
(4)
Contain:
(a)
Criteria for scheduling periodic inspection and/or sampling
visits to POTW users.
(b)
Forms and guidelines for documenting compliance data in a manner
which will enable the information to be used as evidence.
(c)
Systems to track due dates, compliance schedule milestones and
pending enforcement actions.
(5)
Promote consistent and timely use of enforcement remedies.
B.
The Town Board shall approve the enforcement response plan. The enforcement
response plan provides for a consistent and timely approach to enforcement,
and the Board's approval is not needed before an enforcement
action is undertaken. The enforcement response plan shall be reviewed
at least every five years.
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ADMINISTRATIVE REMEDIES
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Whenever the Enforcement Officer 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 Enforcement Officer may serve upon such person a written notice
stating the nature of the violation. Within two calendar days of the
date of the notice, an explanation of the violation and a plan for
the satisfactory correction and prevention thereof shall be submitted
to the Enforcement Officer 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 Enforcement Officer 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.
When the Enforcement Officer finds that a user has violated or continues
to violate this chapter or a permit or order issued thereunder, 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 the violation is corrected and there is no reoccurrence of
the violation. 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.
The user may, within 15 days of receipt of such order, petition the
Enforcement Officer to modify or suspend the order. Such petition
shall be in written form and shall be transmitted to the Enforcement
Officer by registered mail. The Enforcement Officer may:
A.
Notwithstanding any other section of this chapter, any user who is
found to have violated any provision of this chapter, or permits and
orders 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.
The user may, within 15 calendar days of notification of such fine,
petition the Enforcement Officer to modify or suspend the fine. Such
petition shall be in written form and shall be transmitted to the
Enforcement Officer by registered mail. The Enforcement Officer may:
A.
When the Enforcement Officer finds that a user has violated or continues
to violate this chapter or any permit or order issued hereunder, the
Enforcement Officer may issue an order to cease and desist all such
violations and direct those persons in noncompliance to:
B.
The user may, within 15 days of receipt of such order, petition the
Enforcement Officer to modify or suspend the order. Such petition
shall be in written form and shall be transmitted to the Enforcement
Officer by registered mail. The Enforcement Officer may:
A.
Any user who violates the following conditions of this chapter, or
a wastewater discharge permit or order, or any applicable or state
and federal law, is subject to permit termination, if applicable:
(1)
Violation of permit conditions.
(2)
Failure to accurately report the wastewater constituents and
characteristics of its discharge.
(3)
Failure to report significant changes in operations or wastewater
constituents and characteristics.
(4)
Refusal of reasonable access to the user's premises for
the purpose of inspection, monitoring, or sampling.
B.
Noncompliant industrial users will be notified, by registered mail,
of the proposed termination of their wastewater permit.
(1)
The user may, within 15 calendar days of receipt of such notification,
petition the Enforcement Officer to permit continued use of the POTW
by the user. Such petition shall be in written form and shall be transmitted
to the Enforcement Officer by registered mail. The Enforcement Officer
may:
A.
The Enforcement Officer may order any user appealing administrative
remedies for violations of this chapter to show cause, before the
Town Board, why an enforcement action initiated by the Enforcement
Officer 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
Board regarding the violation, the reasons why the action is to be
taken, and the proposed enforcement action, and directing the user
to show cause before the Town Board why the proposed enforcement action
should not be taken. The notice of the hearing shall be served personally
or by registered or certified mail (return receipt requested) at least
10 calendar days before the hearing. Service may be made on any principal
or executive officer of a user's establishment or to any partner
in a user's establishment.
B.
The Town Board may itself conduct the hearing and take evidence or
may designate any of its members to:
(1)
Issue, in the name of the 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)
Take the evidence;
(3)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Town Board
for action thereon.
C.
After the Town Board has reviewed the evidence, it may order the
user to comply with the Enforcement Officer's order or fine,
modify the Enforcement Officer's order or fine or vacate the
Enforcement Officer's order or fine.
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JUDICIAL REMEDIES
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Any person who violates any of the provisions of or who fails
to perform any duty imposed by this chapter, or any order or determination
of the Enforcement Officer promulgated under this chapter, or the
terms of any permit issued hereunder, shall be liable to the Town
of Cazenovia for a civil penalty not to exceed $1,000 for each such
violation, to be assessed after 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's Attorney at the request of the Enforcement Officer
in the name of the Town of Cazenovia in any court of competent jurisdiction.
In addition to the above-described penalty and damages, the Enforcement
Officer may recover reasonable attorneys' fees, court costs and other
expenses associated with the enforcement activities, including sampling
and monitoring expenses. Such civil penalty may be released or compromised
by the Enforcement Officer before the matter has been referred to
the Town's Attorney; and where such matter has been referred
to the Town's 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's Attorney, with the consent of the Enforcement Officer.
A.
In addition to the power to assess penalties as set forth in this
article, the Enforcement Officer shall have the power, following the
hearing held in conformance with the procedures set forth in this
article, to seek an order:
B.
Any such order shall be sought in an action brought by the Town's
Attorney at the request of the Enforcement Officer in the name of
the Town of Cazenovia, or in any court of competent jurisdiction.
C.
The Enforcement Officer shall petition the court to impose, assess
and recover such sums imposed according to this article. In determining
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.
A.
Any person who willfully violates any provision of this chapter or
any final determination or order of the Enforcement Officer made in
accordance with this article shall, in addition, 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 per violation per
day or imprisonment for not more than 15 days, or both.
B.
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 a wastewater permit, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or method required under
this chapter shall, upon conviction, be punished by a fine of not
more than $500 per violation per day or imprisonment for not more
than 15 days, or both.
C.
No prosecution under this section shall be instituted until after
final disposition of a show-cause hearing, if any, is instituted.
Whenever a user has violated or continues to violate the provisions
of this chapter or a permit or order issued hereunder, the Enforcement
Officer, through counsel, may petition the court, in the name of the
Town of Cazenovia, 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 Enforcement Officer. Notwithstanding anything contrary in this
chapter, such request for injunction may occur at any time if, in
the judgment of the Chief Operator, circumstances require immediate
court intervention.
Any person violating any of the provisions of this chapter shall,
in addition, be civilly liable to the Town of Cazenovia for any expense,
loss or damage occasioned to the Town of Cazenovia by reason of such
violation.
A.
Notwithstanding any inconsistent provisions of this chapter, whenever
the Enforcement Officer finds, after investigation, that any user
is causing, engaging in or maintaining a condition or activity which,
in his judgment, presents an imminent danger to the public health,
safety or welfare, or to the environment, or is likely to result in
irreparable damage to the POTW or the environment, and it therefore
appears to be prejudicial to the public interest to delay action until
notice and an opportunity for a hearing can be provided, the Enforcement
Officer 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 Enforcement
Officer may take all appropriate action to abate the violating condition.
As promptly as possible thereafter, not to exceed 15 calendar days,
the Enforcement Officer shall provide the user an opportunity to be
heard, in accordance with the provisions of this article.
B.
The Enforcement Officer, acting upon the belief that an emergency
exists, shall be indemnified against any personal liability that may
arise in the performance of his duties to protect the public health,
safety, or welfare, or to preserve the POTW.
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MISCELLANEOUS
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A.
If there shall be any payments which are due to the Town of Cazenovia
pursuant to any article or section of this chapter which shall remain
due and unpaid, in whole or in part, for a period of 20 calendar days
from the date of billing by the Town of Cazenovia, the same shall
constitute a default, and there shall be added to the entire amount
of the original bill a penalty equal to 20% of the original bill,
and interest shall accrue on the unpaid balance, at the rate of 2%
per month, retroactive to the date of the original billing.
B.
In the event that there are any sewer rents, fees, assessments or
other service charges which shall have been delinquent for a period
of at least 60 calendar days as of December 15 of any year, the appropriate
officer or body shall report the names of the defaulting persons to
the Town Board, the Sewer Advisory Board, the Town Clerk and the Town
Assessor on or before December 15 of the same year. The appropriate
officer is hereby directed to add the entire amount of the sewer rents,
fees, assessment or other service charge which shall be in default,
plus penalty and interest, as provided for in this chapter, to the
real property taxes due and owing to the Town in the next succeeding
year, and the appropriate Finance Officer is directed to collect same
in the same manner as real property taxes due and owing to the Town
are collected.
C.
Where charges are delinquent and the violator is not a resident of
the Town, then the Town's Attorney is authorized to seek recovery
of charges, including punitive damages, in a court of competent jurisdiction.
Recovery of delinquent charges may also be pursued as provided by
the terms of the intermunicipal agreement entered into by and between
the Town of Cazenovia, Madison County, Village of Cazenovia, the Town
of Cazenovia Consolidated Sanitary Sewer District and the Town of
Nelson.
The Enforcement Officer may decline to reissue a permit to any
user which has failed to comply with the provisions of this chapter
or any order or previous permit issued hereunder unless such user
first files with it a satisfactory bond, payable to the POTW, in a
sum not to exceed a value determined by the Enforcement Officer to
be necessary to achieve consistent compliance.
The Enforcement Officer may decline to reissue a permit to any
user which 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 it has obtained financial assurances sufficient
to restore or repair POTW damage caused by its discharge.
