Town of Fallsburg, NY Article VIIA Additional Requirements/Enforcement

[Added 5-18-2015 by L.L. No. 4-2015]

§ 230-40.1 Record retention.

Any person who receives a permit with a five-year term issued in accordance with § 230-8B or 230-15C shall keep a copy of said permit, along with the approved design plans, if any, at the location where the wastewater disposal system exists or the connection to the public sewer occurs.

§ 230-40.2 Copies of permits to Town.

Any person to whom a SPDES or NPDES permit has been issued, a permit or docket authorization has been issued by the Delaware River Basin Commission, an authorization has been issued by the NYSDOH or any other written permission or authorization has been issued by a governmental regulatory agency with jurisdiction over wastewater discharge for any use located within the Town shall provide a copy thereof to the CEO within six months of the adoption of this section. In the event that such permit, authorization or permission is received after the adoption of this section, a copy of said permit, authorization or permission shall be provided by the permitee, applicant or recipient to the CEO within 10 days of receipt thereof. In addition, any such person shall provide a copy of any amendment or modification of any such permit, authorization or permission or any notice of violation or order related thereto to the CEO within 10 days of receipt thereof.

§ 230-40.3 Stop-work orders.

A. Authority to issue. The Superintendent or CEO is authorized to issue stop-work orders pursuant to this section. The Superintendent or CEO shall issue a stop-work order to halt:

(1) Any work that is determined by the Superintendent or CEO to be contrary to any applicable provision of Chapter 230, without regard to whether such work is or is not work for which a sewer permit is required, and without regard to whether a sewer permit has or has not been issued for such work; or

(2) Any work for which a sewer permit or inspection is required which is being performed without the required sewer permit or inspection, or under a sewer permit that has become invalid, has expired, or has been suspended or revoked.

B. Content of stop-work orders. Stop-work orders shall:

(1) Be in writing;

(2) Be dated and signed by the Superintendent or CEO;

(3) State the reason or reasons for issuance; and

(4) If applicable, state the conditions which must be satisfied before work will be permitted to resume.

C. Service of stop-work orders. The Superintendent or CEO shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified and regular mail. The Superintendent or CEO shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified and regular mail; provided, however, that failure to serve any person mentioned in this subsection shall not affect the efficacy of the stop-work order.

D. Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order. As a condition of vacating the stop-work order, the Superintendent or CEO may require the owner of the affected property to produce a report within a specified period of time certifying that the condition or activity identified in the stop-work order has been remedied. The Superintendent or CEO may require that the report be prepared by a design professional.

E. Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection A of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty set forth in this article or available at law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.

F. "Work" defined. As used in this section, the term "work" shall mean any activity related to the modification, construction, expansion, removal, maintenance or repair of any pipe, tank, valve, pump, motor, generator or other equipment or component or the material disturbance of any land used for the treatment, storage or conveyance of wastewater.

§ 230-40.4 Enforcement; penalties for offenses.

A. Compliance orders. The Superintendent or CEO is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of this chapter. Upon finding that any such condition or activity exists, the Superintendent or CEO shall issue a compliance order. The compliance order shall be in writing; be dated and signed by the Superintendent or CEO; specify the condition or activity that violates this chapter; specify the provision or provisions of this chapter which is/are violated by the specified condition or activity; specify the period of time which the Superintendent or CEO deems to be reasonably necessary for achieving compliance; direct that compliance be achieved within the specified period of time; and state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The compliance order may provide that the owner of the affected property produce a report prepared by a design professional certifying that the condition or activity identified in the compliance order has been remedied. The Superintendent or CEO shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by certified and regular mail. The Superintendent or CEO shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified and regular mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.

B. Appearance tickets. The Superintendent or CEO and each assistant thereto are authorized to issue appearance tickets for any violation of this chapter.

C. Criminal penalties. Any person, partnership, association or corporation who uses any property or allows their property to be used in violation of any provision of this chapter shall, for a first offense, be guilty of a violation and shall be subject to imprisonment for not more than 30 days or to a fine of not more than $500, and for a second offense committed within five years of the first offense be guilty of a misdemeanor and shall be subject to imprisonment for not more than one year or to a fine of not less than $250 and not more than $1,000. When a violation of any of the provisions of this chapter is continuous, each day or portion thereof shall constitute a separate and distinct violation.

D. Civil penalties. In addition to those criminal penalties prescribed herein, any person who violates any provision of this chapter, or any term or condition of any sewer permit, stop-work order or other notice or order issued by the Superintendent or CEO pursuant to any provision of this chapter shall be liable to a civil penalty of not less than $1,500 nor more than $10,000 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town.

E. Injunctive relief. An action or proceeding may be instituted in the name of this Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter, or any term or condition of any sewer permit, stop-work order, compliance order, or other notice or order issued by the Superintendent or CEO pursuant to any provision of this chapter. In particular, but not by way of limitation, where the violation is of any provision of this chapter, or any stop-work order, compliance order or other order obtained under this chapter, an action or proceeding may be commenced in the name of this Town, in the Supreme Court or in any other court having the requisite jurisdiction, to obtain an order directing the abatement of the condition which is in violation of such provisions. No action or proceeding described in this subsection shall be commenced without the appropriate authorization from the Town Board.

F. Remedies not exclusive. No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this section, and each remedy or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this chapter or in any other applicable law. Any remedy or penalty specified in this section may be pursued at any time and in any order, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this chapter or in any other applicable law.