A. 
The City Engineer 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 City Engineer will investigate instances of noncompliance.
(2) 
Describe the types of escalated enforcement actions that the City Engineer 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 Common Council's responsibility to enforce all applicable standards and requirements.
B. 
The enforcement response plan shall contain:
(1) 
Criteria for scheduling periodic inspection and/or sampling visits to POTW users.
(2) 
Forms and guidelines for documenting compliance data in a manner which will enable the information to be used as evidence.
(3) 
Systems to track due dates, compliance schedule milestones, and pending enforcement actions.
(4) 
Criteria, responsible personnel, and procedures to select and initiate an enforcement action.
C. 
The range of appropriate enforcement actions shall promote consistent and timely use of enforcement remedies and shall be based on the nature and severity of the violation and other relevant factors, such as:
(1) 
Magnitude of the violation.
(2) 
Duration of the violation.
(3) 
Effect of the violation on the receiving water.
(4) 
Effect of the violation on the POTW.
(5) 
Effect of the violation on the health and safety of the POTW employees.
(6) 
Compliance history of the user.
(7) 
Good faith of the user.
D. 
The Common Council shall approve the enforcement response plan. The enforcement response plan shall be reviewed at least every five years.
Whenever the City Engineer finds that any user has violated or is violating this Part 3, or any wastewater discharge permit, order, prohibition, limitation, or requirement permitted by this Part 3, the City Engineer may serve upon such person a written notice stating the nature of the violation. Within 10 calendar days of the date the City Engineer mails the notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof shall be submitted to the City Engineer 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 City Engineer 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 City Engineer finds that a user has violated or continues to violate this Part 3 or a permit or administrative order issued thereunder, he may issue an administrative order to the user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued, severed and abated unless the violation is corrected and that there is no reoccurrence of the violation. Administrative 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 calendar days of receipt of such order, petition the City Engineer to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the City Engineer by certified mail. The City Engineer shall then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the order; or
(3) 
Order the petitioner to show cause in accordance with § 139-128 and may as part of the show cause notice request the user to supply additional information.
A. 
Notwithstanding any other section of this Part 3, any user who is found to have violated any provision of this Part 3, or a wastewater discharge permit or administrative order 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 the City Engineer's notice of such fine, petition the City Engineer to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the City Engineer by certified mail. The City Engineer shall then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the fine; or
(3) 
Order the petitioner to show cause in accordance with  § 139-128 and may as part of the show cause notice request the user to supply additional information.
A. 
When the City Engineer finds that a user has violated or continues to violate this Part 3 or any permit or administrative order issued hereunder, the City Engineer may issue an administrative order to cease and desist all such violations and direct those persons in noncompliance to:
(1) 
Comply forthwith.
(2) 
Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge.
B. 
The user may, within 15 calendar days of the date the City Engineer mails notification of such order, petition the City Engineer to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the City engineer by certified mail. The City Engineer shall then:
(1) 
Reject any frivolous petitions;
(2) 
Modify or suspend the order; or
(3) 
Order the petitioner to show cause in accordance with § 139-128 and may as part of the show cause notice request the user to supply additional information.
A. 
Any user who violates the following conditions of this Part 3 or a wastewater discharge permit or administrative order, or any applicable state and federal law, is subject to permit termination:
(1) 
Violation of permit conditions or conditions of an administrative order;
(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; or
(5) 
Failure to pay administrative fines, fees or user charges.
B. 
Noncompliant industrial users will be notified, by certified mail, of the proposed termination of their wastewater permit.
C. 
The user may, within 15 calendar days of the date the City Engineer mails such notification, petition the City Engineer to permit continued use of the POTW by the user. Such petition shall be in written form and shall be transmitted to the City Engineer by certified mail. The City Engineer shall then:
(1) 
Reject any frivolous petitions;
(2) 
Order the petitioner to show cause in accordance with § 139-128 and may as part of the show cause notice request the user to supply additional information.
A. 
Whenever a user has violated or continues to violate the provisions of this Part 3 or an order or permit issued hereunder, water service to the user may be severed and service will only recommence, at the user's expense, after it has satisfactorily demonstrated its ability to comply.
B. 
The user may, within 15 calendar days of severance, petition the City Engineer to reconnect water supply service. Such petition shall be in written form and shall be transmitted to the City Engineer by certified mail. The City Engineer shall then:
(1) 
Reject any frivolous petitions;
(2) 
Reconnect the water supply; or
(3) 
Order the petitioner to show cause in accordance with § 139-128 and may as part of the show cause notice request the user to supply additional information.
A. 
The City Engineer may order any user appealing administrative remedies for violations of this Part 3 to show cause, before the Common Council, why an enforcement action, initiated by the City Engineer, 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 Common Council regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the user to show cause before the Common Council why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least 10 calendar days before the hearing in accordance with § 139-130 of this article. Service shall be made on any principal or executive officer of a user's establishment or to any partner in a user's establishment. The notice of the hearing shall be served at least 10 calendar days before the hearing, in accordance with § 139-130.
B. 
The Common Council may itself conduct the hearing, or may designate any of its members or any officer or employee of the City of Oneida to conduct the hearing, which member officer or employee shall:
(1) 
Issue, in the name of the Common Council, 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) 
Take sworn testimony.
(4) 
Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the Common Council for action thereon.
C. 
After the Common Council has reviewed the evidence testimony, it may order the user to comply with the City Engineer's order or fine, modify the City Engineer's order or fine, or vacate the City Engineer's order or fine.
In the event the City Engineer 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 City Engineer, as provided in appropriate sections this article, the user shall be deemed in default and its rights to test the administrative order or fine shall be deemed waived.
The notices, orders, petitions, or other notification which the user or City Engineer shall desire or be required to give pursuant to any sections of this Part 3 shall be in writing and shall be served personally or sent by certified mail, 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 Part 3 shall be mailed to the user where the user's effluent is discharged into transmission lines to the City's POTW. Any notice, petition, or other communication mailed to the City Engineer shall be addressed and mailed to P.O. Box 550, City of Oneida, NY 13421-0550.
The City Engineer shall have the right, within the City Engineer's sole discretion, to utilize any one or more appropriate administrative remedies set forth in this article. The City Engineer may utilize more than one administrative remedy established pursuant to this article, and the City Engineer may hold one show-cause hearing combining more than one enforcement action.
A. 
Any person who violates any of the provisions of or who fails to perform any duty imposed by this Part 3, or any administrative order or determination of the City Engineer promulgated under this Part 3, or the terms of any permit issued hereunder shall be liable to the City for a civil penalty not to exceed $1,000 for each such violation, to be assessed after a hearing (unless the user waives the right to 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 City Attorney, or his designated attorney, at the request of the City Engineer in the name of the City of Oneida, in any court of competent jurisdiction giving preference to courts local to the City. In addition to above described penalty, the City Engineer may recover all damages incurred by the City from any persons or users who violate any provisions of this Part 3, or who fail to perform any duties imposed by this or any administrative order or determination of the City Engineer promulgated under this Part 3, or the terms of any permit issued hereunder. In addition to the above-described damages, the City Engineer may recover reasonable attorney's fees incurred by the City in enforcing the provisions of this article, including reasonable attorney's fees incurred in any action to recover penalties and damages, and the City Engineer may also recover court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
B. 
In determining the amount of civil penalty, the court shall take into account all relative 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 relative factors as justice may require.
C. 
Such civil penalty may be released or compromised by the City Engineer before the matter has been referred to the City Attorney, and where such matter has been referred to the City Attorney, any such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the City attorney, with the consent of the City Engineer.
A. 
In addition to the power to assess penalties as set forth in this article, the City Engineer shall have the power, following the hearing held in conformance with the procedures set forth in this article, to seek an order:
(1) 
Suspending, revoking, or modifying the violator's wastewater discharge permit, or
(2) 
Enjoining the violator from continuing the violation.
B. 
Any such court order shall be sought in an action brought by the City Attorney, at the request of the City Engineer, in the name of the City, in any court of competent jurisdiction giving precedence to courts local to the City.
C. 
The City Attorney, at the request of the City Engineer 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 Part 3 or any final determination or administrative order of the City Engineer made in accordance with this article shall 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, or imprisonment not to exceed one year or both. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.
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 Part 3, or wastewater permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this Part 3 shall be guilty of a Class A misdemeanor and, upon conviction, shall be punished by a fine of not more than $1,000 per violation per day or imprisonment for not more than one year or both.
C. 
No prosecutions under this section, shall be instituted until after final disposition of a show-cause hearing, if any, was instituted.
Whenever a user has violated or continues to violate the provisions of this Part 3 or permit or order issued hereunder, the City Engineer, through counsel may petition the court, in the name of the City, 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 City Engineer.
A. 
Notwithstanding any inconsistent provisions of this Part 3, whenever the City Engineer finds, after investigation, that any user is causing, engaging in, or maintaining a condition or activity which, in the judgment of the City Engineer, presents an imminent danger to the public health, safety, or welfare, or to the environment, or is likely to result in severe damage to the POTW or the environment, and it therefore appears to be prejudicial to the public interest to allow the condition or activity to go unabated until notice and an opportunity for a hearing can be provided, the City Engineer 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 City Engineer may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed 15 calendar days, the City Engineer shall provide the user an opportunity to be heard, in accordance with the provisions of this article.
B. 
If the user is not within the geographic boundaries of the City, the right of summary abatement to discontinue, abate, or alleviate conditions or activities shall be those prescribed in the intermunicipal agreement.
C. 
The City Engineer, 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 or the environment.
A. 
If there shall be any payments which are due to the City, or any department thereof, pursuant to any article or section of this Part 3, 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 City, 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 taxes, 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 City Engineer shall report the names of the defaulting persons to the Common Council, the City Clerk, the City Chief Assessor, and the City Chamberlain on or before December 15 of the same year. The Chief Assessor is hereby directed to add the entire amount of the sewer tax, assessment, or other service charge which shall be in default, plus penalty and interest, as provided for in this Part 3, to the real property taxes due and owing to City in the next succeeding year, and the Chief Assessor is directed to collect the same in the same manner as real property taxes due and owing to the City are collected.
C. 
Where charges are delinquent and the violator is not a resident of the City, or is located outside the geographical boundaries of the City, then the City Attorney is authorized to seek recovery of charges, including punitive damages, a court of competent jurisdiction or make arrangements with the appropriate county where the user is located to add the amount of the sewer assessment or other charges which shall be in default, plus penalty and interest, as provided for in the chapter, to the real property taxes due to the county in the next ensuing year.
The City Engineer may decline to reissue a permit to any user which has failed to comply with the provisions of this Part 3 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 City Engineer to be necessary to achieve consistent compliance.
The City Engineer may decline to reissue a permit to any user which has failed to comply with the provisions of 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.
The City Engineer is authorized to pay up to $500 for information leading to the discovery of noncompliance by a user. In the event that information provided results in an administrative fine or civil penalty levied against the user, the City Engineer is authorized to disperse up to 10% of the collected fine or penalty to the informant. However, a single reward payment may not exceed $10,000, including the discovery reward.
The City Engineer shall provide public notification, in the daily newspaper with the largest circulation in the City, of users which were in significant noncompliance of local or federal pretreatment standards or requirements since the last such notice. The frequency of such notices shall be at least once per year.
A. 
Users which have not achieved consistent compliance with applicable pretreatment standards and requirements are not eligible to receive a contractual award for the sale of goods or services to the City.
B. 
Existing contracts for the sale of goods or services to the City held by a user found to be in significant violation with pretreatment standards may be terminated at the discretion of the Common Council.