A. The Superintendent 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.
B. The enforcement response plan shall:
(1) Describe how the Superintendent will investigate instances of noncompliance;
(2) Describe the types of escalated enforcement actions that the Superintendent
will take in response to all anticipated types of user violations
and the time periods within which to initiate and follow-up these
actions; and
(3) Adequately reflect the Sewer Board's responsibility to enforce all
applicable standards and requirements.
C. 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; and
(4) Criteria, responsible personnel and procedures to select and initiate
an enforcement action.
D. The range of appropriate enforcement actions shall be based on the
nature and severity of the violation and other relevant factors, such
as the magnitude of the violation, duration of the violation, effect
of the violation on the receiving water, effect of the violation on
the POTW; effect of the violation on the health and safety of the
POTW employees; compliance history of the user; good faith of the
user; and shall promote consistent and timely use of enforcement remedies.
E. The Sewer Board shall approve the enforcement response plan. The
enforcement response plan shall be reviewed and/or modified from time
to time.
Whenever the Superintendent finds that any user has violated
or is violating this chapter, or any wastewater discharge permit,
order, prohibition, limitation or requirement permitted by this chapter,
the Superintendent may serve upon such person a written notice stating
the nature of the violation. Within 10 calendar days of the date the
Superintendent mails the notice, an explanation of the violation and
a plan for the satisfactory correction and prevention thereof shall
be submitted to the Superintendent, 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 Superintendent 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 Superintendent finds that a user has violated or continues
to violate this chapter 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 Superintendent to modify or suspend the order. Such petition shall
be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent shall then:
(1) Reject any frivolous petitions;
(2) Modify or suspend the order; or
(3) Order the petitioner to show cause in accordance with §
110-129 and may as part of the show cause notice request the user to supply additional information.
A. Notwithstanding any other section of this chapter, any user who is
found to have violated any provision of this chapter 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 Superintendent's
notice of such fine, petition the Superintendent to modify or suspend
the order. Such petition shall be in written form and shall be transmitted
to the Superintendent by registered mail. The Superintendent shall
then:
(1) Reject any frivolous petitions;
(2) Modify or suspend the fine; or
(3) Order the petitioner to show cause in accordance with §
110-129 and may as part of the show cause notice request the user to supply additional information.
No residential or commercial customer shall connect to the Village
sewer system without proper authorization from the designated Village
representative and until after payment of all connection fees. Failure
to comply will result in a fine of $500 for residential customers
and $2,500 for commercial customers.
Any commercial customer that disposes of work rags (i.e., paper
or cloth) or grease (i.e., motor oil, cooking oil, etc.) into the
municipal sewer system will be fined $2,500 for each offense.
A. When the Superintendent finds that a user has violated or continues
to violate this chapter or any permit or administrative order issued
hereunder, the Superintendent may issue an administrative order to
cease and desist all such violations and direct those persons in noncompliance
to:
(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 Superintendent
mails notification of such order, petition the Superintendent to modify
or suspend the order. Such petition shall be in written form and shall
be transmitted to the Superintendent by registered mail. The Superintendent
shall then:
(1)
Reject any frivolous petitions.
(2)
Modify or suspend the order.
(3)
Order the petitioner to show cause in accordance with §
110-129 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 chapter or
a wastewater discharge permit or administrative order, or any applicable
or 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 registered mail,
of the proposed termination of their wastewater permit.
C. The user may, within 15 calendar days of the date the Superintendent
mails such notification, petition the Superintendent to permit continued
use of the POTW by the user. Such petition shall be in written form
and shall be transmitted to the Superintendent by registered mail.
The Superintendent shall then:
(1)
Reject any frivolous petitions.
(2)
Order the petitioner to show cause in accordance with §
110-129 and may as part of the show cause notice request the user to supply additional information.
Whenever a user has violated or continues to violate the provisions
of this chapter 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. The user may, within 15 calendar days of severance, petition
the Superintendent to reconnect water supply service. Such petition
shall be in written form and shall be transmitted to the Superintendent
by registered mail. The Superintendent shall then:
A. Reject any frivolous petitions;
B. Reconnect the water supply; or
C. Order the petitioner to show cause in accordance with §
110-129 and may as part of the show cause notice request the user to supply additional information.
A. The Superintendent may order any user appealing administrative remedies for violations of this chapter to show cause, before the Sewer Board, why an enforcement action, initiated by the Superintendent, should not be taken. Notice of the hearing shall be served upon the sewer user at least 10 calendar days before the hearing in accordance with §
110-131 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.
B. The Sewer Board may itself conduct the hearing, or may designate
any of its members or any officer or employee of the Sewer Board to
conduct the hearing:
(1)
Issue, in the name of the Sewer Board, notices of hearings requesting
the attendance and testimony of witnesses, and the production of evidence
relevant to any matter involved in such hearings;
(3)
Take sworn testimony; and
(4)
Transmit a report of the evidence and hearing, including transcripts
and other evidence, together with recommendations to the Sewer Board
for action thereon.
C. After the Sewer Board has reviewed the evidence and testimony, it
may order the user to comply with the Superintendent's order or fine,
modify the Superintendent's order or fine, or vacate the Superintendent's
order or fine.
In the event that the Superintendent 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 Superintendent, as provided in appropriate
sections of this article, the user shall be deemed in default and
its rights to contest the administrative order or fine shall be deemed
waived.
The notices, orders, petitions or other notification which the
user or Superintendent shall desire or be required to give pursuant
to any sections of this chapter shall be in writing and shall be served
personally or sent by certified mail or registered mail, return receipt
requested, postage prepaid 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 this chapter shall be mailed to the user where the user's
effluent is discharged into the POTW. Any notice, petition or other
communication mailed to the Superintendent shall be addressed and
mailed to the Sewer Board.
The Superintendent shall have the right, within the Superintendent's
sole discretion, to utilize any one or more appropriate administrative
remedies set forth in this article. The Superintendent may utilize
more than one administrative remedy established pursuant to this article,
and the Superintendent 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 chapter or any administrative order
or determination of the Superintendent promulgated under this chapter
or the terms of any permit issued hereunder shall be liable to the
Sewer Board 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 separate and distinct
violation, and in the case of continuing violation, each days' continuance
thereof shall be deemed a separate and distinct violation. Such penalty
may be recovered in an action brought by the Sewer Board, or its designated
attorney, at the request of the Superintendent in the name of the
Sewer Board, in any court of competent jurisdiction giving preference
to local courts. In addition to the above-described penalty, the Superintendent
may recover all damages incurred by the Sewer Board from any persons
or users who violate any provisions of this chapter, or who fail to
perform any duties imposed by this chapter or any administrative order
or determination of the Superintendent promulgated under this chapter,
or the terms of any permit issued hereunder. In addition to the above-described
damages, the Superintendent may recover all reasonable attorney's
fees incurred by the Sewer Board in enforcing the provisions of this
article, including reasonable attorney's fees incurred in any action
to recover penalties and damages, and the Superintendent 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 Superintendent
before the matter has been referred to the Sewer Board, and where
such matter has been referred to the Sewer Board, any such penalty
may be released or compromised and any action commenced to recover
the same may be settled and discontinued by the Sewer Board, with
the consent of the Superintendent.
A. In addition to the power to assess penalties as set forth in this
article, the Superintendent 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
Sewer Board, at the request of the Superintendent, in the name of
the Sewer Board, in any court of competent jurisdiction giving precedence
to local courts.
C. The Sewer Board, at the request of the Superintendent, 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 chapter or
any final determination or administrative order of the Superintendent
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 days' 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 chapter,
or wastewater permit, or who falsifies, tampers with or knowingly
renders inaccurate any monitoring device or method required under
this chapter 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 prosecution 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 chapter or any permit or order issued hereunder, the Sewer
Board, through counsel may petition the court, in the name of the
Sewer Board, 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 Superintendent.
A. Notwithstanding any inconsistent provisions of this chapter, whenever
the Superintendent finds, after investigation, that any user is causing,
engaging in or maintaining a condition or activity which, in the judgment
of the Superintendent, 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 Superintendent 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 Superintendent may take all appropriate action to abate
the violating condition. As promptly as possible thereafter, not to
exceed 15 calendar days, the Superintendent 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 boundaries of the Village of Fonda
or the Village of Fultonville the right of summary abatement to discontinue,
abate or alleviate conditions or activities shall be those prescribed
in the intermunicipal agreement.
C. The Superintendent, 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 Sewer Board,
Village or Town as the case may be, or any department thereof, pursuant
to any article or section of this chapter, which shall remain due
and unpaid, in whole or in part, for a period of 20 calendar days
from the date of billing, 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 Superintendent
shall report the names of the defaulting persons to the appropriate
municipal real property assessment officer on or before December 15
of the same year. The assessment officer shall 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 chapter,
to the real property taxes due and owing in the next succeeding year,
and collect the same in the same manner as real property taxes due
and owing are collected.
C. Where charges are delinquent and the responsible party is not a resident
of the municipality, then the Sewer Board is authorized to seek recovery
of charges, including punitive damages, in 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 this chapter, to the real property taxes due to the county
in the next ensuing year.
The Superintendent may decline to reissue a permit to any user
which has failed to comply with the provisions of this chapter or
any order or previous permit issued hereunder unless such user first
files with it a satisfactory bond, payable to the Sewer Board, in
a sum not to exceed a value determined by the Superintendent to be
necessary to achieve consistent compliance.
The Superintendent may decline to reissue a permit to any user
which has failed to comply with the provisions of this 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 Superintendent is authorized to pay up to $500 for information
leading to the discovery of noncompliance by a user. In the event
that the information provided results in an administrative fine or
civil penalty levied against the user, the Superintendent 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 Superintendent shall provide public notification, in the
daily newspaper with the largest circulation in the Village, 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 Village.
B. Existing contracts for the sale of goods or services to the Village
held by a user found to be in significant violation with pretreatment
standards may be terminated at the discretion of the Village Board.