The Chief Operator may immediately halt or prevent
any discharge of pollutants which reasonably appears to present an
imminent endangerment to the health or welfare of persons. In the
event that the Chief Operator determines that a discharge of pollutants
reasonably appears to present an imminent endangerment to the health
or welfare of persons, the Chief Operator shall provide informal (oral
or written) notice of said determination to the user. Said user shall
immediately stop or eliminate such discharge and shall submit written
proof of the elimination of the discharge to the Chief Operator within
forty-eight (48) hours of receipt of notice of the Chief Operator's
determination. If said user fails voluntarily and immediately to halt
such a discharge, the Chief Operator shall take such actions as he
or she deems necessary to prevent or minimize endangerment to the
health or welfare of persons. Such actions include, but are not limited
to, seeking ex parte temporary injunctive relief, entry on private
property to halt such discharge, blockage of a public sewer to halt
such discharge, severance of the sewer connection, suspension of wastewater
disposal service, suspension or revocation of a wastewater discharge
permit, and institution of a legal or special proceeding. After such
discharge has been halted, the Chief Operator may take such other
and further actions provided under this section as may be necessary
to ensure elimination of said discharge and compliance with the terms
of this chapter and wastewater discharge permits issued hereunder.
If the user provides satisfactory written proof that it has eliminated
the cause of the conditions creating the imminent endangerment, the
Chief Operator may reinstate the permit, restore the sewer connection
and wastewater disposal service, and perform other activities to allow
the user to commence discharging again.
B.
In the event of such a discharge, the Chief Operator must deliver a written notice to the user describing the problems posed by the discharge and offering the user an opportunity to respond. If the user does not respond in writing to the Chief Operator within 24 hours after delivery of such written notice, then the Chief Operator may undertake such actions, including those described in § 264-35, as he or she deems necessary to prevent or minimize the effects of such a discharge. If the industrial user does respond in writing within 24 hours, then no immediate suspension of service or of a wastewater discharge permit shall occur, unless the Chief Operator reasonably believes that the user's discharge continues to present or may present an endangerment to the environment or threatens to cause interference or pass-through at the POTW. If the user thereafter provides satisfactory written proof that it has eliminated the cause of the conditions creating the harmful discharge, then the Chief Operator may perform activities to allow the user to commence discharging again.
The Special Joint Committee shall annually publish
in the largest local daily newspaper a list of the industrial users
which, at any time during the previous 12 months, were in significant
noncompliance with applicable pretreatment standards or pretreatment
requirements. For purposes of this provision, an industrial user is
in significant noncompliance if its violation meets one or more of
the criteria set forth at 40 CFR 403.8(f)(2)(viii).
A.
The Chief Operator may issue compliance orders to
industrial users not complying with any pretreatment standards, pretreatment
requirements, wastewater discharge permits, or any other provisions
of this chapter or the Act. Such orders may, among other things, direct
said industrial user to:
(1)
Comply immediately with pretreatment standards, pretreatment
requirements, wastewater discharge permit provisions, this chapter,
or the Act;
(2)
Comply with pretreatment standards, pretreatment requirements,
wastewater discharge permit provisions, this chapter, or the Act in
accordance with a time schedule set forth by the Chief Operator;
(3)
Increase the frequency of sampling and analysis of
the industrial user's wastewater; and/or
(4)
Undertake appropriate remedial or preventive action
to prevent the possibility of violations in the future.
B.
The issuance of or compliance with an order under
this section shall not relieve the industrial user of liability for
violations which occur before the order is issued or while the order
is effective.
A.
This section shall govern the ability of the municipalities to suspend or revoke any wastewater discharge permit to any industrial user in all situations except those described in §§ 264-35 and 264-36 of this chapter regarding discharges which present imminent endangerment or which constitute harmful discharges. In all other situations, the municipality in which the industrial user is located (or any of the municipalities, if the industrial user is located outside the municipalities) may suspend or revoke a wastewater discharge permit if it determines that a violation of any provision of the permit, the Act, or this chapter exists. Violations which may lead to such suspension or revocation include, but are not limited to, the following:
(1)
Failure of an industrial user to accurately or timely
submit the information required in any report;
(2)
Failure of an industrial user to allow access to its
premises for the purposes of inspection, monitoring, sampling, or
records examination or copying by the POTW, EPA, DEC, the United States,
or the state;
(3)
Failure of an industrial user to report significant
changes in its operations or the constituents, characteristics, or
volume of its wastewater; or
(4)
Violation of conditions of the industrial user's permit.
B.
Before the relevant municipality may suspend or revoke an industrial wastewater permit, it must give the industrial user a hearing in accordance with the procedures set forth at § 264-41 below. The final decision as to whether to suspend or revoke a permit shall then be made by the municipality and shall be a final administrative action.
A.
Whenever the Chief Operator determines that any industrial user has violated or is violating any pretreatment standard, pretreatment requirement, its wastewater discharge permit, or any other provision of the Act or this chapter, he or she may serve upon such user, either personally or by certified mail, return receipt requested, a written notice of violation stating the nature of the violation. The Chief Operator may include with the notice of violation a compliance order directing the user to take specified actions to correct the violations. The Chief Operator or relevant municipality, as described in § 264-39 above, may also include with the notice of violation an order to show cause before the municipality as to why the user's wastewater discharge permit should not be suspended or revoked, or why civil administrative penalties should not be assessed by the municipality against the industrial user for said violations. Any such show-cause hearing shall be conducted in accordance with the provisions of § 264- 41 of this chapter.
B.
Within 30 days of the date of the notice, the user
shall submit to the Chief Operator a written explanation of the reasons
for the violations and a plan for the satisfactory correction thereof
consistent with any compliance order which the Chief Operator may
issue.
C.
Neither the issuance of a notice of violation, nor
the submittal of or compliance with a plan of correction or compliance
order, shall relieve the industrial user of any liability for violations
of any pretreatment standards, pretreatment requirements, wastewater
discharge permit, the Act, or this chapter, nor is the issuance of
such a written notice required before the municipalities may take
any other type of enforcement action against the industrial user.
A.
Notice requirements. A notice from the Chief Operator
or relevant municipality shall be served on the user specifying the
time and place of a hearing to be held by the municipality regarding
the violation, the proposed action to be taken, the reasons why the
action is proposed, and directing the person to show cause before
the municipality why the proposed action should not be taken. The
notice of the hearing shall be served personally or by certified mail,
return receipt requested, at least 10 days before the hearing. Service
must be made on an authorized representative of the industrial user.
B.
Conduct of the hearing. The municipality shall conduct
the hearing and take the evidence, or may designate any of its members,
the Special Joint Committee, or the Chief Operator to:
(1)
Issue in the name of the municipality 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 evidence;
(3)
Transmit a report of the evidence and hearing, including
transcripts and other evidence, together with recommendations to the
municipality for action thereon; and
(4)
Take any further necessary action as permitted by
this chapter or applicable contracts or agreements.
C.
Testimony recorded under oath. At any hearing held
pursuant to this chapter, testimony taken must be under oath and recorded,
either stenographically or by voice recording. 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 therefor.
D.
Orders. After the municipality has reviewed the evidence,
it may issue an order suspending or revoking an industrial wastewater
discharge permit, or assessing civil administrative penalties, and
the timing for their payment to the municipality, against the industrial
user. The issuance of such an order shall be a final administrative
action.
E.
Settlement. At any time after notice of the show-cause
hearing has been served and before the municipality has issued its
order regarding permit suspension or revocation or penalty assessment,
the municipality may enter into a settlement agreement with the industrial
user to resolve the issues raised by the order to show cause.
If any person violates the provisions of this
chapter, the Act, any applicable pretreatment standards or pretreatment
requirements, the conditions and requirements of any wastewater discharge
permit issued hereunder, or any order of the Chief Operator or municipality,
counsel for the municipality where such person is located (or counsel
for any of the municipalities, if such person is not located in any
of the municipalities) may commence an action for appropriate legal
and/or equitable relief, including, but not limited to, injunctive
relief, penalties, and fines, in either state or federal court. The
municipalities, Special Joint Committee, or POTW may also ask appropriate
officials at the local, state, or federal levels to investigate and
bring a criminal action against any industrial user or person associated
with an industrial user believed to have violated the criminal provisions
of this chapter, the Act, or any other law.
