A.
Notification of discharge. To enable countermeasures
to be taken by the Administrator to minimize damage to the community
sewerage treatment facility, treatment processes, and the receiving
waters, users shall notify the Administrator immediately upon discharging
wastes in violation of limitations contained in this Part 2 due to:
(1)
Breakdown of pretreatment equipment.
(2)
Accidents caused by human error or negligence or mechanical
failure.
(3)
Other causes, such as acts of nature. The Administrator
shall be notified within five days of the date of occurrence by a
detailed written statement describing the causes of the discharge
and the measures being taken to prevent future occurrences. Such notification
will not relieve users of liability for any expense, loss or damage
to the sewer system, treatment facility, or treatment process, or
for any fines imposed on the Department on account thereof under § 309
of the Federal Act.
B.
Notice to employees. In order that employees of the
users be informed of Administrator's requirements, users shall make
available to their employees copies of this Wastewater Discharge Law,
together with such other wastewater information and notices which
may be furnished by the department from time to time directed toward
some effective water pollution control. A notice shall be furnished
and permanently posted on the user's bulletin board advising employees
whom to call in case of an accidental discharge in violation of this
Part 2.
A.
When the Administrator finds that a discharge of wastewater
has been taking place, in violation of this Part 2, effluent limitations,
pretreatment standards or provisions of an industrial waste discharge
permit, the Administrator may issue to the user a detailed time schedule
of specific actions which the user shall take in order to prevent
or correct a violation.
B.
The Administrator may also require the submission
of specific reports or communications by specific dates in order to
monitor the user's progress toward obtaining or maintaining compliance.
Any industrial user, permit applicant or permit
holder who is in disagreement with any decision, action or determination
made by the Administrator interpreting or implementing the provisions
of this Part 2, may file with the Administrator a written request
for reconsideration within 14 days. Such written request shall set
forth in detail the facts supporting the industrial user's request
for reconsideration. The Administrator's decision, action, or determination
shall remain in effect during such period of reconsideration. Any
user aggrieved by a decision of the Administrator may appeal such
decision in any manner provided by law.
Any person who knowingly makes any false statements, representations, record, report, plan or other document filed with the Administrator, Town Board or City of Cortland Department of Wastewater Treatment, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part 2, is hereby declared in violation of this Part 2 and subject to the penalties for violation in Article VIII.
All measurements, tests and analyses of the
constituents and characteristics of waters and wastes to which reference
is made in this Part 2 shall be determined in accordance with the
latest editions of "Standard Methods for the Examination of Water
and Wastewater" and the "Methods for Chemical Analysis of Water and
Waste" and the latest version of 40 CFR Part 136, "Analysis of Pollutants."
At the decision of the Administrator, an industrial
user may be required to post a bond payable to the Town of Cortlandville
or City of Cortland Department of Wastewater Treatment as security
for payment of the following:
In order to effect its power, the Administrator
may enter upon private property for the purpose of inspection and
maintenance of sanitary and waste disposal facilities and may terminate
service to property in which a violation of any provision of this
Part 2 is found to exist.
The Administrator shall not terminate service
to a user and/or revoke a discharge permit without first delivering
to the user written notice of such proposed termination and/or revocation.
The notice shall state the reason or reasons of said termination or
revocation and shall allow 30 days for the satisfactory compliance
with this Part 2. If after the 30 days the user does not make satisfactory
and substantial progress to eliminate or correct the conditions which
caused such notice to be given, service shall be terminated. The termination
of service shall continue until such time as the user has corrected
the conditions which violate the provisions or the law.
A.
Notwithstanding any other provision of this Part 2 or any other local law, whenever the Administrator 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 irreversible or irreparable damage to the community sewer system, and it therefore appears to be prejudicial to the public interest to delay action until notification requirements of § 171-60 can be complied with, the Administrator may order such user by notice, in such form as in his judgment will reasonably notify such person whose practices are intended to be proscribed, to forthwith discontinue, abate, or alleviate such condition or activity. In the event of a user's failure to comply voluntarily with such emergency order, or where the giving of notice is impracticable, the Administrator may take all appropriate action, including severance of the user's sewer connection, to abate the violating condition. As promptly as possible thereafter, not to exceed 10 days, the Administrator shall provide the user with written notification In accordance with the provisions of § 171-60.
B.
The Administrator, 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 preserve the community sewer system.
