City of Ithaca, NY
Tompkins County
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Table of Contents
Table of Contents
A. 
The municipality may suspend the wastewater treatment service and/or a wastewater contribution permit when such suspension is necessary, in the opinion of the municipality, in order to stop an action 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 or causes the municipality to violate any condition of its NPDES permit. The municipality is also authorized to issue an order to cease and desist and to direct those persons not complying with such prohibitions, limits, requirements or provisions of the law or the wastewater discharge permit to:
(1) 
Comply forthwith;
(2) 
Comply in accordance with a time schedule set forth by the municipality; or
(3) 
Take appropriate remedial or preventive action in event of a threatened violation.
B. 
Any person notified of a suspension of the wastewater treatment service and/or the wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the municipality shall take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to any individuals. The municipality shall reinstate the wastewater contribution permit and/or the wastewater treatment service upon proof of the elimination of the 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 municipality within 15 days of the date of occurrence.
A. 
The municipality may revoke any wastewater discharge permit or terminate or cause to be terminated wastewater service to any premises if a violation of any provision of this chapter is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination or pollution as defined in this chapter.
B. 
Any user who violates the following conditions of this Part 4 or applicable state and federal regulations is subject to having his/her permit revoked in accordance with the procedures of Article XXI of this Part 4:
(1) 
Failure of a user to factually report the wastewater constituents and characteristics of his/her discharge.
(2) 
Failure of the user to report significant changes in operations or wastewater constituents and characteristics.
(3) 
Refusal of reasonable access to the user's premises for the purpose of inspection or monitoring.
(4) 
Violation of conditions of the permit.
Whenever the municipality finds that any user has violated or is violating this chapter, its wastewater contribution permit or any prohibition or limitation of requirements contained herein, the municipality may serve upon such person a written notice stating the nature of the violation. Within 30 days of the date of the notice, a plan for the satisfactory correction thereof shall be submitted to the municipality by the user.
A. 
The municipality may order any user who causes or allows an unauthorized discharge to show cause before the Municipal Board why the proposed enforcement action 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 Municipal 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 Municipal 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 days before the hearing. Service may be made on any agent or officer of a corporation.
B. 
The Municipal Board may itself conduct the hearing and take the evidence or may designate any of its members or any officer or employee of the Municipal Engineer's Department to:
(1) 
Issue, in the name of the Municipal 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 Municipal Board for action thereon.
C. 
At any hearing held pursuant to this Part 4, testimony taken must be under oath and recorded stenographically. The transcript, so recorded, will be made available to any member of the public or any party to the hearing upon payment of the usual charges thereof.
D. 
After the Municipal Board has reviewed the evidence, it may issue an order to the user responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed on existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate may be issued.
If any person discharges sewage, industrial wastes or other wastes into the municipality's wastewater disposal system contrary to the provisions of this Part 4, federal or state pretreatment requirements or any order of the municipality, the Municipal Attorney may commence an action for appropriate legal and/or equitable relief in the Supreme Court of this county.