§ 198-48Service of notice of violation; continuous incidents; publication of
names of violators.
§ 198-49Enforcement.
§ 198-50Acceptance or rejection of wastewater.
§ 198-51Penalties for offenses.
§ 198-52Unauthorized interference with POTW.
Any person found to be violating any provision of this Part 1 shall be served by the village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
In the case of a continuous incident, each twenty-four-hour period shall be deemed a separate violation and shall be subject to the penalties stipulated herein.
The village POTW shall publish annually in the largest local newspaper the names of industrial users which have significantly violated applicable pretreatment standards or other local limitations as prescribed in this Part 1 during the past 12 months.
The Village Attorney may maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with these rules and regulations or restrain by injunction any violation of these rules and regulations.
Where any violation or enforcement action of this Part 1 causes expense to the village, such violation may also be punished by a civil suit against the violator, brought by the Village Attorney in the name of the village in a court of competent jurisdiction, to recover such additional cost.
While the village should initially rely upon the federal categorical pretreatment standards outlined in § 198-42 to protect wastewater facilities or receiving waters, if any wastewaters are discharged or are proposed to be discharged to the village POTW which in the judgment of the village may have a deleterious effect upon said system or sewers, processes, equipment or receiving waters or may otherwise create a hazard to life or constitute a public nuisance or may exceed the concentration limits prescribed for normal wastewater, the village may:
Reject the application for a permit to discharge the wastewaters to the sewer.
Require pretreatment and any other applicable requirements promulgated pursuant to Section 307 of PL92-500 as well as the most current New York State-mandated pretreatment requirements.
Require control over the quantities and rates of discharge and/or require payment to cover the added cost of handling and treating the wastewater not covered by existing charges or sewer rents.
Require surveillance and/or monitoring necessary to determine compliance with applicable pretreatment requirements.
Require the development of compliance schedules and submission of attendant reports necessary to assure compliance.
Modify or revoke the discharge permit.
Terminate sewer and/or water services.
Immediately halt any discharge of pollutants which interfere with POTW operations or pose an imminent and substantial endangerment to the health and welfare of persons or the environment.
Reasonable advance notice of the action to be taken shall be given by the village, but, unless negotiated upon initiation by the user, shall in no case exceed 60 calendar days. Once notice of action is given, the user shall have 10 business days to respond to the charges contained therein.
If a response contesting the action is entered, then, prior to setting the matter down for a formal hearing, the user shall be afforded the opportunity to resolve the matter by negotiation. If settlement cannot be reached, then the village shall refer the matter to the Village Board for a formal hearing. Reasonable notice shall be given to all interested parties, who shall be allowed to present relevant evidence and argument before the Village Board, which shall then determine the action. An informal notice of the decision by the Village Board based upon the evidence and argument presented shall be made within 10 days following the conclusion of the hearing.
Any person found in violation of this Part 1 shall, upon conviction, be fined in an amount not exceeding $250 or be imprisoned for not more than 15 days, or both, for each violation, provided that said violation is not the cause of a malfunction or efficiency reduction in any processes of the POTW treatment plant resulting in a violation of the village's National Pollutant Discharge Elimination System (SPDES) discharge permit.
Any person committing violations of this Part 1 resulting in a malfunction or process upset in the POTW treatment plant which, in turn, causes a violation in the village's National Pollutant Discharge Elimination System permit or State Pollutant Discharge Elimination System permit shall, upon conviction, be liable for the fine charged by the United States Environmental Protection Agency and/or any other applicable enforcement agency plus any expense, loss or damage incurred by the village by reason of such violation.
Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this Part 1 or wastewater discharge permit, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Part 1, shall, upon conviction, be punished by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.
No person shall maliciously, willfully or recklessly break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the POTW. Any person violating this provision shall be subject to immediate arrest under charges as set forth in this Part 1 or the Penal Law of the State of New York.
