A.
Any person who violates any of the provisions of or who fails to perform any duty imposed by this Part 3 or any order or determination of the City Engineer promulgated under this Part 3 or the terms of any permit issued thereunder shall be liable to the City for a civil penalty not less than $1,000 for each such violation to be assessed after a hearing held in conformance with the procedures set forth in Article XI of this Part 3. Each violation shall be a separate and distinct violation; and in the case of a continuing violation, each day's continuance thereof shall be deemed separate and distinct violation. Such penalty may be recovered 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. 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.
[Amended 4-18-1994]
B.
In addition to the power to assess penalties as set forth in Subsection A above, the City Engineer shall have the power, following a hearing held in conformance with the procedures set forth in Article XI of this Part 3, to issue an order suspending, revoking or modifying the violator's permit and enjoining the violator from continuing the violation. Any such order of the City Engineer shall be enforceable in an action brought by the City Attorney at the request of the City Engineer in the name of the Department in any court of competent jurisdiction.
C.
Any civil penalty or order issued by the City Engineer
pursuant to this section shall be reviewable in a proceeding pursuant
to Article 78 of the Civil Practice Law and Rules. Application for
such review must be made within 60 days after service, in person or
by mail, of a copy of the determination or order upon the attorney
of record of the applicant and of each person who has filed a notice
of appearance or the applicant in person if not directly represented
by an attorney.
A.
Any person who willfully supplies false information in the permit application (§ 253-37 of this Part 3) shall, in addition, be guilty of offering a false instrument for filing in the second degree (§ 175.30 of the Penal Law of the State of New York), a Class A misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than $1,000. 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.
[Amended 4-18-1994]
Any person violating any of the provisions of
this Part 3 shall, in addition, be civilly liable to the City for
any expense, loss or damage occasioned to the City by reason of such
violation.
The City Attorney, on his own initiative or
at the request of the City Engineer, shall have the right to seek
equitable relief in the name of the City to restrain the violation
of or to compel compliance with this Part 3 or any order or determination
issued thereunder by the City Engineer.
A.
Notwithstanding any inconsistent provisions of law, whenever the City Engineer finds, after investigation, that any user is causing, engaging in or maintaining a condition or activity which, in his judgment, presents an imminent danger to the public health, safety or welfare or to the environment or is likely to result in irreversible or irreparable damage to the public sewer system and it, therefore, appears to be prejudicial to the public interest to delay action until notice and an opportunity of 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 in the City Engineer's judgment will reasonably notify such person whose 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 users 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 days, the City Engineer shall provide the user an opportunity to be heard in accordance with the provisions of Article XI.
B.
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 preserve the public sewer system.
[Amended 3-20-1994 by L.L. No. 2-1995]
Users found to be in significant noncompliance
with applicable pretreatment requirements as defined within 40 CFR
403.8(f)(2)(vii) shall be published at least once annually in the
largest daily newspaper published in the City.
This Part 3 shall be the superseding regulations
for control of industrial sewers and waste treatment; nonindustrial
regulations preceding these revised industrial regulations shall continue
until such time as they are modified by the City Council.
