Whenever the Executive Director finds that any
user has violated or is violating this chapter, or any wastewater
discharge permit, order, prohibition, limitations or requirement permitted
by this chapter, the Executive Director may serve upon such person
a written notice stating the nature of the violation. Within 10 calendar
days of the date that the Executive Director mails the notice, an
explanation of the violation and a plan for the satisfactory correction
and prevention thereof shall be submitted to the Executive Director
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. Nothing in this section shall limit the authority
of the Executive Director to take action, including emergency actions
or any other enforcement action, without first issuing a notice of
violation.
The District Board 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 document will include specific action
to be taken by the user to correct the noncompliance within a time
period also specified by the document. Consent orders shall have the
same force and effect as an administrative order and shall be judicially
enforceable.
In the event that the Executive Director 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 Executive Director,
as provided in appropriate sections of this chapter, 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 Executive Director 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 the sections of this chapter shall
be mailed to the user where the user's effluent is discharged into
transmission lines to the district's POTW. Any notice, petition or
other communication mailed to the Executive Director shall be addressed
and mailed to R.C.S.D. No. 1, #4 Route 340, Orangeburg, NY 10962.
The Executive Director shall have the right,
within his sole discretion, to utilize any one or more appropriate
administrative remedies set forth in this article. The Executive Director
may utilize more than one administrative remedy established pursuant
to this article, and the Executive Director may hold a show cause
hearing combining more than one enforcement action.