A.
The Director may suspend the wastewater treatment
service and/or a BPDES permit when such suspension is necessary, in
the opinion of the Director, in order to stop an actual or threatened
discharge which presents or may present an imminent or substantial
endangerment to the health or welfare of persons, to the environment,
causes interference to the POTW or causes the City to violate any
condition of its SPDES permit.
B.
Any person notified of a suspension of the wastewater
treatment service and/or the BPDES 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 Director 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 person. The Director shall reinstate
the BPDES 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 Director within five days of the date of
occurrence. If severance of the sewer connection becomes necessary,
it will be the financial responsibility of the user to reconnect such
sewer after permission is given by the Director.
Any user who violates the following conditions
of this chapter, or applicable state and federal regulations, is subject
to having his permit revoked in accordance with the procedures of
this article:
A.
Failure of a user to factually report the wastewater
constituents and characteristics of his discharge;
B.
Failure of the user to report significant changes
in operations, or wastewater constituents and characteristics;
C.
Refusal of reasonable access to the user's premises
for purpose of inspection or monitoring; or
D.
Violation of conditions of the permit.
A.
Whenever the City finds that any user has violated
or is violating this chapter, a BPDES permit or any prohibition, limitation
or requirement contained herein, the City may serve upon such person
a written notice stating the nature of the violation.
B.
This action shall fall under the guidelines of the Enforcement Response Plan (ERP) for the City of Batavia which has been adopted as part of this chapter and is specifically noted in § 147-60 of this article.
C.
Service of the notice of violation shall be sufficient
if directed to the owner or operator of a residence, commercial or
industrial facility, as the case may be, violating this chapter. Service
of said notice of violation shall be made personally upon the alleged
violator, if possible; otherwise, said notice of violation shall be
sufficient if served by delivering the same to a person of suitable
age or discretion at the actual residence, commercial or industrial
facility at which said violation is occurring and by mailing the notice
to the person to be served at his last known residence or business
address; or, where service cannot otherwise be made with due diligence,
by affixing said notice of violation to the door of the residence,
commercial or industrial facility at which said violation is occurring
and by mailing said notice to such person at his last known residence
or place of business.
D.
Where any person, duly notified of a violation as
set forth herein, so requests, an informal hearing shall be held between
that person, the Director and any other person deemed appropriate
by the Director. The purpose shall be to promptly remedy violations
prior to any injunctive actions by the City. Said informal hearing
shall be requested and held within three days of notice of violation.
E.
The convening of an informal hearing shall not prevent
the City from convening a show cause hearing nor other injunctive
relief as allowed by law.
A.
The City may order any user who causes or allows an
unauthorized discharge to enter the POTW to show cause as to 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 regarding the violation, the reasons why the action is to be
taken, the proposed enforcement action, and directing the user to
show cause as to 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 Director may conduct the hearing and take the
evidence, or may designate any employee of the City to:
(1)
Issue in the name of the City notices of hearing 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
Director for action thereon.
C.
At any hearing held pursuant to this chapter, 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 Director has reviewed the evidence, he 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 including liabilities and penalties in accordance with Article XII. Any said order shall be entitled to judicial review.
A.
If any person discharges wastewater, industrial wastes
or other wastes into the City's wastewater treatment system contrary
to the provisions of this chapter, federal or state pretreatment requirements
or any order of the City, the City Attorney may commence an action
for appropriate legal and/or equitable relief in the courts of Genesee
County.
B.
The approval authority shall have the right to seek
or commence an action for appropriate legal and/or equitable relief
in cases where it deems the actions taken by the City in seeking injunctive
relief insufficient.
The basis of determination of compliance for
all articles of this chapter shall be the data developed, collected
or otherwise ascertained by the City of Batavia.
An Enforcement Response Plan (ERP) has been
adopted to show how the City plans to enforce this Sewers Chapter
and Industrial Pretreatment Program. The ERP has been added to this
chapter under this section and may be so referred. There also is a
guidance section that goes with the ERP and explains how the ERP is
administered.
